- (1.)There is a preliminary matter to be considered in connexion with the hearing of this appeal and until that has been decided we no not think the case ought to proceed any further, and in order to have this matter decided, for reasons which we are now about to state, we think it proper that the matter be referred for decision to a Full Bench.
(2.)The appeal which is before us arises out of a suit for pre-emption brought by three plaintiffs, Babu Mahadeo Singh, Babu Mathura Singh and Babu Ranbaz Singh.
(3.)The suit has been dismissed in the Court of first instance. At the time the decree of the lower Court was passed, and also at the time the appeal was filed in this Court, Babu Ranbaz Singh, the third plaintiff, was still alive. Since the appeal has been admitted, however. Babu Ranbaz has died, and it is admitted before us that his legal representatives have not been brought on the record either as appellants or respondents.