Bhaskar Bhattacharya, J - (1.) This revisional application under Article 227 of the Constitution of India is at the instance of plaintiffs in a suit for declaration of title, permanent injunction and for damages and is directed against order dated March 12, 1997 passed by the learned Additional District Judge, 1st Court, Midnapore in Civil Revision No. 93 of 1995 thereby reversing Order No. 101 dated July 4, 1995 passed by the learned Munsif, 2nd Court, Midnapore in Title Suit No. 246 of 1978.
(2.) The only question that arises for determination in this revisional application is whether in a suit for declaration of title and permanent injunction where allegation of joint interference with the possession of the plaintiffs has been made, on the death of one of such defendants, the suit abates as a whole.
(3.) On the allegation that all the defendants were frequently trespassing in the suit property and creating disturbances in the possession of the plaintiffs, they filed the aforesaid suit for declaration of title and permanent injunction. In the said suit prayer for damages for wrongful acts of the defendants was also made.;