JUDGMENT The plaintiff/respondents No.1 to 6 filed a suit for declaration of title and issuance of permanent preventive injunction alleging that land Survey No.518 situated at village Sunawai, Tehsil Vijaypur (District Morena) to be their ancestral property. It was alleged that the State proposed to dispossess the plaintiff which deserved to be restrained against it by issuance of permanent preventive injunction. The suit proceeded ex-parte against the State. It was dismissed by the trial Court, but decreed in appeal. It is alleged by the appellants herein that there was negligence on the part of the State in not offering any contest to the suit, but part of the suit property was in possession of the appellants and hence they were aggrieved and proposed to file this appeal in as much as declaration of title of the plaintiff/respondents made by the lower appellate Court would prejudice their rights. Leave to appeal is sought for in as much as these appellants were admittedly not parties to the suit before any of the Courts below. The learned counsel for the appellants has placed reliance on the State of Punjab v. Amar Singh ( AIR 1974 SC 994 )and United Commercial Bank v. Hanuman Synthetic Ltd. ( AIR 1985 Cal. 96 ) wherein it has been held that a person aggrieved by a decree or order though not a party thereto may appeal with leave of the Court if he is (i) bound by the decree, (ii) aggrieved by it, or (iii) prejudicially affected by it. The principle abovesaid is well settled. The question is one of its applicability. The decree passed by the Court below is not in rem but in personam. The appellants are not bound by the decree as they were not parties to it. None of their rights have been adjudicated upon by the Courts below. They are, therefore,neither persons aggrieved nor the persons prejudicially affected by the decree under appeal. The appellants are still at liberty to file their own that establishing their such rights as they may canvass. No case is made out for allowing them leave to appeal against the impugned judgment and decree. Leave to appeal is refused. Consequently, the appeal is dismissed in limine. No order as to the costs.