( 1 ) THE petitioners instituted a suit which has been numbered as Suit No. 12 of 1950 for partition of properties belonging originally to four brothers, Nandalal, Amritalal, Motilal and Mohitlal. The petitioners are the sons and legal representatives of Panchkori, one of the six sons of Amritalal. It is not disputed that Panchkori did acquire by inheritance an interest in the joint properties. Sometime before 1932, he lost that interest and that interest passed to another son Amritalal, Lalit. The petitioners have brought the suit on the averment that thereafter they have reacquired an interest in the properties and found their case on deeds of transfer from Lalit. They have also asked for a permanent injunction restraining the defendants from executing the decree passed in an earlier suit for partition instituted by Subodh who is the son of Mohitlal. In this earlier suit which was numbered 39 of 1945 the present plaintiffs were not made parties. It is on that ground that the plaintiffs urged that the previous partition decree is ineffective and that its execution should be prevented. A preliminary decree was passed in that earlier suit on 15-11-1946. A commis