( 1 ) THESE six Rules have been obtained by several defendants against an order of the Subordinate Judge, 1st. Court Howrah, dated the 3rd August, 1954, by which the learned Subordinate Judge has decided a preliminary issue on rnultifariousness in favour of plaintiff. The facts which are relevant for the purposes of these Rules are these: The plaintiff opposite party instituted a suit for partition as far back as the 12th of March, 1941, and the suit was registered as Title suit No. 5 of 1941. In the plaint as originally filed, there were only seven items of property in the schedule. But from time to time by amendment of the plaint the plaintiff was allowed to include certain other properties. Amongst the defendants who were impleaded as parties to the suit, defendants Nos. 1 to 19 are members of the Pal Choudhury family and are co-sharers of the plaintiff but defendants Nos. 20 to 27 were impleaded on the allegation that some of the properties which are really parts of the joint family estate stood in their names. In the plaint as originally filed, again, there were two prayers, namely, prayers B and C -- prayer B being for a declaration that defendant No. 1 hold