JUDGMENT - Dr. E.S. DA'SILVA, J.:---This revision is directed against the Order of the learned Civil Judge, Senior Division, Margao, dated 18th August, 1990, whereby he has answered in the negative the preliminary issue framed in the Special Civil Suit No. 158/88/A as to whether the defendants Nos. 4 and 5 in the suit had proved that the suit was not maintainable without filing inventory proceedings.

2. A special civil suit bearing No. 158/88/A was filed by the respondents Nos. 1 and 2 against the petitioners as well as the respondents Nos. 3 to 6 praying for a preliminary decree for partition and division in their favour in respect of the suit property "Matyamada", including the residential house No. 482 situated at Orel-Assolna and allegedly claimed to belong to all of them in co-ownership. The petitioners as defendants Nos. 4 and 5 filed their written statement raising however a preliminary objection that no such suit was lying unless partition of the shares of the respective owners had been done by inventory proceedings as prescribed by law. Accordingly the learned trial Judge framed issues and the subject-matter of this objection was incorporated in the issue No. 2 which was dr

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