1. This application is directed against an order refusing leave to the plaintiffs to withdraw their suit and transposing the defendants to the category of plaintiffs.

2. It appears that a suit for partition of certain properties was filed by the plaintiffs-petitioners originally against defendants 1 to 3. The plaintiffs alleged that plaintiff No. 1 and defendant No. 1 were sons of one Girwar Narain Singh, that on his death defendant No. 1 became the karta of the family and looked after the management of the properties; that the relationship between the two brothers had become strained and hence the demand for and the suit for partition. According to the defendants, the aforesaid Girwar Narain Singh had a brother Mahendra Narain Singh who had separated from his brother and he had gifted away his property to defendant No. 1. The defendants further alleged that they had also separated from the plaintiffs.

3. Thereafter one Janki Devi claiming to be the widow of Mahendra Narain Singh filed a petition under O.I, R.10 of the Civil P.C. (hereinafter called the Code) for being impleaded as a defendant and it was allowed. She made out a case that she had inherited and got the proper