B.D.Singh, J.

1. This application under Sec.115 of the Code of Civil Procedure (hereinafter referred to as the Code) has been preferred by Mahabir Sahni, who is defendant third party in Title Suit No. 27 of 1968 against the order dated the 23rd of August, 1969, passed by the Subordinate Judge in the said title suit holding that whether notice under section 80 of the Code would be required or not shall be decided at the time of the hearing of the main suit and shall not be decided as a preliminary point.

2. In order to appreciate the points involved in this application, it will be necessary to state briefly the facts. Babulal Sahni and three others, who are opposite party Nos. 1 to 4 in this application as plaintiffs filed the said title suit for declaration of title over the suit lands measuring about 10 bighas which contain a pond and for restraining the defendant third party, namely, the petitioner and the defendants first and the second parties, who are the State and its officials from interfering with their possession. They are also parties in this application, as opposite parties. It may be noted that the petitioner is the settlee of 8 bighas and odd out of the lands i