JUDGMENT :

1. The present application has been filed by the petitioners-defendant nos. 6 & 7 in a Partition Suit for setting aside the order dated 24-09-2019 passed by learned Sub Judge-I, Patna in Title Partition Suit No. 136/2016 by which part of the plaint has been rejected in respect of some of the defendant nos. 8-12 under Order VII Rule 11 (d) of the Code of Civil Procedure (hereinafter referred to as the “C.P.C.”).

2. The plaintiffs-respondent 1st set filed a Title Partition Suit No. 136 / 2016 seeking a decree for partition for 1/3rd share of the plaintiffs in the suit property described in Schedule I and Schedule II of the plaint by metes and bounds.

3. Short facts involved in the suit is that suit property was purchased by one Nokhelal Rai, who was the common ancestor of the plaintiffs-respondent 1st set. He died in the year 1960 leaving behind his three sons, Tilakdhari Rai, Shiv Bachchan Rai and Deo Bachchan Rai. The parties are governed by Mitakshra School of Hindu Law and there is unity of title and possession amongst them. The defendants 1st set are the successors of Tilakdhari Rai, who died in the year 1985. Plaintiff No. 1 / Deo Bachchan Rai is one of the sons of Nokh