1. Shri Chhatrapati Shivaji, an Advocate of this Court has filed C.W.J.C. No. 5942 of 1989 while his clients Janardan Prasad Roy and Kamla Roy have filed C.W.J.C. No. 5338 of 1989 challenging the order dated 26-4-1989 passed by the learned IVth Subordinate Judge, Patna, in Partition Suit No. 105/ 1984 allowing the petition of respondent No. 3 by cancelling the Vakalatnama of the Advocate petitioner and debarring him from conducting the suit on behalf of the plaintiffs (petitioners). Both these writ petitions arise out of the same order. So with the agreement of the learned counsel the parties are being heard and disposed of by this common order.

2. A partition suit No. 105/84 has been filed by Janardan Pd. Roy and Kamla Roy in respect of certain properties said to have been left by Kailash Roy, Smt Phuleshwari Devi is defendant No. 33 in the suit. The Schedule-11 of the plaint relates to a house with land bearing Municipal Survey plot No. 611 and 664 Circle No. 20/B Ward Nos. 19, Holding No. 108/ 193 measuring 9 kathas 7 dhurs at Mohalla Nala Road, Kadamkuan, Patna. It is said in the plaint that the land was purchased in the year 1955 out of the funds supplied by Tulsi Roy