1. There is no doubt that Article 44 of the Limitation Act is the Article properly applicable: and that the suit is time barred as regards all the suit properties. Its dismissal as against the defendants who did not appeal and were not impleaded in the lower Appellate Court is justified by Order XLI, Rule 33, of the Code of Civil Procedure vide Peria Krishnasami Naik v. Aiyappa Naik 24 Ind. Cas. 924 : 1 L.W. 376 and Venkatachela Pillai v. Ranga Pillai 28 Ind. Cas. 694 : 17 M.L.T. 220 : 28 M.L.J. 334.
2. The second appeal is dismissed with costs (one set).