1. Heard learned counsel for the parties. This civil revision application is directed against the order dated 13.7.2011 passed by the learned Sub-Judge-II, Patna in Title Suit No.618 of 2010, whereby the objection raised by the defendant-petitioners as regarding the maintainability of the suit in the light of the provisions of Order 23 rule 3A of the Code of Civil Procedure (hereinafter referred to as the Code) and section 151 thereof, has been rejected and the suit has been held maintainable. With the consent of the parties, the matter has been taken up at the stage of admission, with a view to its final disposal.

2. A family genealogy has been placed on record at Annexure-A to the counter affidavit filed on behalf of the plaintiff-opposite party 1st set and according whereto, the parties are said to be descendants from a common ancestor Shri Thakur Prasad. The said late Thakur Prasad is stated to have married twice. Whereas Pandey Ambika Prasad is stated to be the son from the first wife, the other parties to the proceedings are lineal descendents from the second wife. The property in question is a residential house, namely, Jhunjhun Mahal situate in New Yarpur, P.S. Gardan