1. This revision application is directed against the order dated 21-4-1977 passed by the Subordinate Judge, 2nd Court, Dhanbad, in Title Suit No. 32 of 1975 refusing the prayer of the petitioner to decide the preliminary issue that the suit was barred under the provisions of S.66(1) of the Civil P.C. (hereinafter referred to as "the Code").

2. It is not disputed that opposite party Nos. 1 to 4 and the petitioner are full brothers, being the sons of late Sushil Kumar Chandra whose father was Indra Narain Chandra. It is also not disputed that Sushil Kumar Chandra died during the lifetime of his father, Indranarain Chandra. Opposite party Nos. 1 to 4 instituted Title Suit No. 32 of 1975 for partition of their 4/5th share in the property mentioned in Sch. A to the plaint. The remaining 1/5th share, according to the opposite party-plaintiffs, belonging to defendant-petitioner. It is also not disputed that the suit property had been purchased at a Court sale in the name of the petitioner (defendant No. 1). It was the further case of the plaintiffs-opposite party that the suit property had been purchased by Indra Narain Chandra, the grandfather of the petitioner in the name of the