N.L.Untwalia, J.

1. This appeal arises out of a suit for partition. The appeal was filed by defendants Nos. 1-14. An application has been filed by appellants 2, 3, 7, 8, 9 and 10, who were respectively defendants Nos 2, 3, 7, 8, 9 and 10 in the Court below, praying that they maybe transposed to the category of respondents for the reasons stated in the application. There seems to be no objection to this and the hearing of the appeal has proceeded on the basis that the said appellants are now in the category of respondents.

2. The plaintiff-respondents first party filed the suit in question in the Court of the Subordinate Judge at Darbhanga for partition of touzi No. 4896, khewat No. 3 in patti khalispur original and khewat No. 7/1 in patti Harlochanpur dependency. The share of the plaintiffs and defendants 1 to 21 was -/14/-annas, 19 gandas and odd which was entered in khewat No. 3 and the remaining one anna and odd share belonged to defendants Nos. 22-30 and was separately entered in khewat No. 3/2, and, they were impleaded as defendants second party in the suit.

The said share of one anna and odd is not the subject-matter of this suit. The plaintiffs and defendants first a