Hari Lal Agrawal, J.

1. In this civil revision application, filed by the plaintiffs, the question falling for the decision of this Court is as to whether a defendant, against whom the suit has been dismissed, has any locus standi to maintain an application under Order IX, rule 13 of the Code of Civil procedure.

2. The facts briefly stated are as follows : One Chhatha Mahton died leaving five sons, namely, (1) Bhajan Mahto, (2) Harsahay, (3) Safan Mahto (4) Guni Mahto, and (5) Jamadar Mahto. The plaintiffs are the grandsons of Guni Mahto and defendant No.1 the grandson of Sajjan Mahto Jamadars branch became extinct some time in the year 1962. The other defen dants, namely, defendants 2 to 6 are from the branch of Bhajan Mahto and harsahay, but they are in the third decrees. In these circumstances the plaintiffs instituted a title Partition Suit no.96 of 1974 in the court of the Sub ordinate Judge, Siwan against defendant first party, claiming 2/3rd share (l/3rd each) in the estate of Jamadar Mahto which, as already stated had become extinct, on the ground that they succeeded to the same to the exclu sion of the other defendants. It was further stated in the plaint that the"