LINGARAJA RATH, J.

( 1 ) THIS appeal is at the instance of the legal representatives of the defendant against a reversing judgement of the learned Subordinate Judge, Puri, decreeing the suit brought by the respondents in a representative capacity to declare the suit land as part of the village road land for removal of the foundation laid by the original defendant encroaching upon the suit land.

( 2 ) IN contesting the suit one of the grounds pleaded in the written statement was that the notice issued by the Court under Order 1, Rule 8 C. P. C. for prosecution of the suit by the respondents in a representative capacity was defective. During pendency of the suit, the original defendant entered into a compromise with respondent Nos. 3 and 4. The compromise deed contained a recital that the villagers never used the suit land. The learned Munsif dismissed the suit on the finding that the obstruction by the defendant on the village road had not been proved and that the respondents could not be said to have been deprived of the amenities of the road, the suit land appertains to plot Nos. 712 and 715 belonging to the appellants and that the respondents were not able to establish right, ti