( 1 ) THE petitioners before us who are the plaintiffs in suit No. 42 of 1946 pending in the Court of the Fifth Subordinate Judge Alipore, filed a suit for partition against the defendant bank which has its registered office at No. 3, Mangoe Lane, Calcutta, for partition of certain immovable properties.

( 2 ) A preliminary decree by consent was passed on the 24th June, 1948 and a commissioner for partition was appointed.

( 3 ) IT appears that in respect of certain properties, the plaintiffs by subsequent transfer became the sole owners. No question arises as to the partition of these properties.

( 4 ) A compulsory winding up order of the bank was made by this Court and on 1st April, 1949, a liquidator appointed. The cause title of the suit was then amended by bringing on the records of the suit the liquidator as a party to the suit. Leave was obtained under Section 171 of the Indian Companies Act to continue the suit.

( 5 ) THEREAFTER the petitioners applied to the learned Subordinate Judge at Alipore for a direction on the Commissioner of partition to allot to them the properties of which they had become the sole owners by purchase as aforesaid. The Court granted