Srinivasa Ayyangar, J.

1. In this case, we have heard arguments at some considerable length but before dealing with the points that arise for determination in the appeal itself, an objection to the competency of the appeal raised on behalf of the respondents may be disposed of. The objection that was taken was really two-fold. The facts relating to the objection may be very briefly stated. In the Court of first instance, before the learned Subordinate Judge, the plaintiffs obtained a decree and defendant 2 filed an appeal to the District Court. During the pendency of that appeal, defendant-appellant 2 became an insolvent and all his right, title and interest became vested in the Official Assignee of Madras, who was brought on the record as appellant 2. The appeal proceeded and the District Judge allowed the appeal and dismissed the plaintiffs action. It was thereupon that the plaintiffs preferred this second appeal. The objection that is now taken is that the real party interested in opposing the appeal and interested in the subject-matter of the appeal who is the Official Assignee at present, has not been property made a party to this second appeal at all, and secondly that