ORDER :- This revision application ia against an order passed by the Civil Judge (Junior Division), Chandrapur, in Regular Civil Suit No. 41 of 1972 holding that the suit was bad for mis-joinder of causes of action and parties.

2. The brief facts which may be stated, and which are not in dispute, giving rise to this revision are that the plaintiffs are the owners of 2 different plots of lands Nos. 76 and 77. The plaintiffs are father and son. The plots 76 and 77 belonged to them as members of a Joint Hindu family once. Later the parties came to a partition. A godown stands built upon both the portions of plots 76 and 77. To the south of this building and plots of land is the property of defendants 1 and 2 being Plot No. 78. The plaintiffs complained that by the act of the defendants digging 5 pits for the purpose of erecting cement pillars and constructing a plinth thereon, the defendants have encroached upon plot No. 77. A contention was raised that the suit is bad for mis-joinder of parties and causes of action, which as stated above, succeeded. The present revision application is directed against that order.

3. Now it is well settled that in order to determine whether the plaint i

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