Horwill, J.

1. The plaintiffs are junior members of a tarwad, who sought to avoid a decree passed against a junior member of the family and the karnavan personally and against the karnavan as representative of the tarwad. They alleged that the karnavan did not represent them in that suit; but they also gave reasons why they would not be bound by the decree even if he was the karnavan and represented the tarwad. So it would seem that they wished their case to be discussed both on the basis that the karnavan did not represent them in that suit and on the basis that he did. No court-fee was paid to have the decree set aside; and they sought a declaration that the decree was not binding on them. The first Court held that the "plaintiffs had not paid sufficient court-fee; for it was necessary to set aside the decree to grant them all the reliefs they prayed for. The plaint was therefore rejected. As the rejection of a plaint is deemed to be a decree under Section 2(2) of the Civil Procedure Code, an appeal was preferred; and the learned District Judge held that since there was an allegation in the plaint that the karnavan did not represent the present plaintiffs in that suit, they n