V.Ramaswami, J.

1. In this case the petitioners have applied for a writ in the nature of certiorari to quash the order of the Additional Deputy Commissioner of Singh bhum, dated 28-2-1952 in Kolhan Title suit, No. 11 of 1951, and also the order of the Commissioner of Chota Nagpur Division, dated 29-2-1956, affirming the same in Kolhan Title Appeal No. 53 of 1952.

2. It appears that in March, 1951, opposite parties Nos. 3 to 6 filed a Kolhan Title suit against the petitioners in the court of the Additional Deputy Commissioner of Singhbhum, praying for a declaration of the plaintiffs title to the suit land and for recovery of khas possession by eviction of the defendants. The suit was tried by the Additional Deputy Commissioner of Singhbhum under Wilkinsons Rules and a decree was granted to the opposite parties Nos. 3 to 6 on 28-2-1952. The petitioners preferred an appeal to the Commissioner of Chota Nagpur Division, but the appeal was dismissed and the order of the Additional Deputy Commissioner in the Kolhan Title suit was affirmed. The contention of the petitioners is that the Civil Procedure applies to the area and the suit ought to have been tried not under the Wilkinson