1. The 1st plaintiff is the zamindar of Naduvasal. He succeeded his father, who died on August 18, 1923. On November 22, 1920, the father and son joined in executing a sale deed of the suit property for a sum of Rs. 30,000. After the 1st plaintiff had succeeded to the estate, on August 14, 1926, he mortgaged the same property to the 2nd plaintiff. Both plaintiffs then brought the present suit for a declaration that the sale deed of November 22, 1920, was invalid and inoperative beyond the fathers life-time, under the terms of the Impartible Estates Act. The defendants, who were the vendees, filed their written statements and the suit was posted for settlement of issues when the 1st plaintiff applied to withdraw from the suit. This was objected to by the 2nd plaintiff, the mortgagee, but was eventually allowed. We have been unable to find any order upon the application to withdraw itself, but the result is so staled in the learned District Judges judgment. Having thus allowed the 1st plaintiff to withdraw, the question was considered whether the 2nd plaintiff was entitled by himself to continue the suit and was answered in the negative. This latter question will only arise i