( 1 ) THE question which has been referred by a learned single Judge of this Court to the Full Bench is as follows: " If, in a suit, a plaintiff makes a claim against a number of defendants on common grounds and all the defendants also contest the suit on common grounds and the suit is decided in favour of the plaintiff against all the defendants, can an appeal filed by all the defendants be heard in favour of the remaining defendants after one of the appealing defendants has died during the pendency of the appeal and his legal representatives have not been brought on the record so that his appeal has abated and further, if the appeal of the remaining defendants can be heard, would the decision in it enure to the benefit of the legal representatives of the deceased defendant-appellant?"

( 2 ) IN order to understand precisely how the point has arisen, it is desirable to give a few facts relating to these cases. The principal defendants in the suit out of which the two appeals arise were Braj Bhukhan (now dead), Baij Nath and Bhairon. The plaintiffs suit was for possession of property alleged to have been taken wrongly into their possession by the defendants Braj bhukhan, Ba