1. This application is directed against the order dated 22-7-1989 passed in Misc. Case No. 1/89 arising out of Title Suit No. 9 of 1956 by Sri M.P. Chakraborty, 6th Additional Subordinate Judge, Hazaribagh, whereby and whereunder he dismissed the said application in limine.

2. The fact of the matter lies in a very narrow compass.

3. Gyani Ram (since deceased) father of the opposite party Nos. 1 to 4 filed a suit for partition against the petitioners and/or their predecessors-in-interest, who were arrayed as opposite party Nos. 15 to 18 therein.

4. In that case, it was contended on behalf of the contesting defendants that the properties belonged to them and the plaintiffs had no claim therein. In that case, however, a preliminary decree was passed and thereafter, an application for initiation of a final decree proceeding was filed. In the said proceeding, a pleader Commissioner was appointed and while he was preparing his report, an application dated 8-4-1983 was filed by the plaintiffs alleging inter alia therein that the defendants gave up their shares in favour of the plaintiffs is a result whereof, he became the sole owner.

5. By an order dated 7-7-1984, the learned Subo