JUDGMENT

Piggott, J. - This is an appeal from a decree of the Third Additional Subordinate Judge of Aligarh in an original suit. That decree purports to be passed on the basis of an award and there is no suggestion in any of the pleas in the memorandum of appeal that the decree is in excess of or not in accordance with the award. A preliminary objection is taken on behalf of the respondents that no appeal lies, or more strictly speaking, that the appeal cannot be heard on any of the pleas taken in the memorandum of appeal before us.

2. The facts essential to the determination of this point seem to be the following: The suit in the Court below was filed on the 11th of September 1913. There was a single plaintiff and there were four defendants. The Court fixed the 14th of November 1913 for settlement of issues. On that date the Court took note of the fact that three of the defendants, namely, defendants Nos. 1, 2 and 3 (there is a clerical error on this point in the proceedings of the Court below, but the facts are beyond question as above stated) were absent and unrepresented. It passed an order to the effect that the case would proceed ex parte against these defendants. The plaintiff