Choudhary, J.

1. This application by the plaintiffs arises out of an order passed by the Munsif. 2nd Court, Patna, on 11-7-1952 in Rent Suit No. 1101 of 1951.

2. The plaintiffs are the landlords of a holding for which they brought a suit for bhaoli rent, being Rent Suit No. 1207 of 1949, for the years 1355 and 1356 Fasli. The defence of the tenants-defendants in that suit was that the produce rent had already been commuted into cash rent. The plaintiffs in the suit contended that the commutation order illegal was and not binding on them. In that suit the defence of the tenants-defendants, was accepted and the suit was decreed (in favour of the plaintiffs on the basis of communted rent. The plaintiffs preferred an appeal in the lower appellate Court which affirmed the decree of the trial Court. Against the decree the lower appellate Court the plaintiffs preferred appeal in the High Court which is Second Appeal 838 of 1951 and is still pending.

Subsequently, the plaintiffs brought another rent suit against the same defendants for the bhaoli rent of the same holding, being Rent Suit No. 1101 of 1951. The claim in this suit was for the rent of a subsequent period, namely, 1357