JUDGMENT

C.B. Agarwala, J. - This is an application in revision against an order dismissing an appeal, which order confirmed the order of the City Munsif of Saharanpur rejecting an application for setting aside a decree under Order 9, Rule 11, Code of Civil Procedure.

2. The facts briefly stated are these. Rahtumal and Lal Chand, opposite parties, filed a suit which has given rise to these proceedings against two persons, Riaz Ahmad and Mohammad Muqim. These Defendants were impleaded in their individual rights and also as representatives of the Muslim community of Saharanpur. In para. 5 of the plaint it was expressly stated that the number of Muslims in Saharanpur was exceedingly large and as they had started offering prayers at the place in dispute, the suit had been filed under Order 1 Rule 8 CPC against the Defendants as representatives of the Muslim community of Saharanpur. An application was also presented to the Munsif for permission to sue the Defendants in a representative capacity. This application was allowed and notice was published in a local newspaper called 'Peoples Journal'. Defendant No. 1 filed a written statement. Defendant No. 2 stated in Court that he had no conce