( 1 ) DR. H. S. Dubey, formerly Medical Officer of Health at Lucknow, died on 31-10-1942. He was Brahman and had married a Brahman wife from whom he had two sons, the plaintiffs, Rama shankar and Karuna Shankar, and two daughters, Shanti Devi and Kanti Shukla. Dr. Dubeys brahman wife died in 1927 and, it is no longer disputed, he went through the ceremony of marriage under the Indian Christian Marriage Act (XV [15] of 1872) with Mrs. Chandramani dubey, a Christian by religion. A son, Udai Shankar and a daughter, Kamni, were born of this union.

( 2 ) FOR some time after Dr. Dubeys death there were no disputes between the parties and, in two litigations, Mrs. Chandramani Dubey and the six children were all impleaded as his legal representatives without any objection by any of them. Later, however, relations became strained and, on 25-4-1944, the two plaintiffs, denying the factum of the marriage and alleging that, in any case, it was legally void and ineffectual, instituted the suit out of which this appeal arises for a declaration that they are the sole heirs of Dr. Dubey, and as such, the sole owners of the property mentioned in Lists A and B attached to the plaint. They