SHARFUDDIN AHMED, J.

( 1 ) THE short question that requires determination in this C. R. P. is whether a third party could be added as defendant to a suit for partition in which a preliminary decree has been passed.

( 2 ) THE question arises in the following circumstances: The petitioners father late Mahiuddin filed a suit for partition of certain properties mentioned in a and 8 schedule claiming to be the grandson of one Khader Ali. The defendants to the proceedings were the grandsons of the same ancestor through the first wife. The suit was instituted on 4-12-1951 and a preliminary decree was passed on 22-9-1953 directing the partition of the properties by metes and bounds into 7 equal shares and allotting 3 shares out of 7 shares to the plaintiff. Thereafter a Commissioner was appointed on an applica-tion (I. A. 510/55) for the division of ths properties. So far as A schedule was concerned, the partition was effected. But when the Commissioner came for the measurement and partition of B schedule, which consisted of a house, 1500 sq. yards in extent, the Commissioner found that many objections were raised by the defendants (third parties) who had purchased the suit house in or abo

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