ABDUL HAMID AND OTHERS Vs. DURGA CHARAN DAS

JUDGEMENT

(1.) If two of the five appellants die during the pendency of their appeal arising out of a suit instituted by them for recovery of Khas possession of a certain plot of land, reckoning the sole defendant as a trespasser thereon, and if the appeal against the two dead appellants abates, no steps having been taken for substitution of their legal representatives, will the appeal as a whole abate That is the main question debated in this revisional application under Section 115 of the Civil Procedure Code 5 of 1908 at the instance of the three surviving plaintiffs appellants. The learned Subordinate Judge, seized of such appeal, holds, the appeal as a whole abates. Mr Bijan Behari Das Gupta, appearing for the appellants petitioners, submits, it does not. Mr. Jnanendra Nath Bakshi, appearing for the respondent opposite party, contends for the view taken by the learned Subordinate Judge.

(2.) The facts which have led up to this revisional petition need not be referred to further than as follows:

(3.) The principle the learned Judge has governed himself by is, in his own words: