MONORANJAN MULLICK, J.

( 1 ) ANIL Kumar Sen and S. N. Sanyal JJ. have referred this revisional application for disposal by Special Bench as the Learned Advocate appearing for stranger purchaser being the defendant No. 1 (a) of the Title Suit No. 131 of 1977 in the Court of the Subordinate Judge, First Court, Alipore, challenges the maintainability of the application under Sec. 4 of the Partition Act, on the ground that the same is not maintainable inasmuch as the stranger purchaser has neither prayed for partition nor for separate allotment. The Learned Judges have ex pressed the view that the view expressed in Nitai Das v. Hari Das, ILR (1967) 2 Cal 301 relied upon by the Learned Advocate is contrary to other earlier decisions of the Court. In order to resolve the conflict of the views the Learned Judges have ordered that the revisional application should be decided by a Larger Bench.

( 2 ) FOLLOWING are the facts : the petitioners being three brothers have filed as plaintiffs a suit for partition, permanent and mandatory injunctions being T. S. 131 of 1977 before Subordinate Judge, 1st Court, Alipore against the defendant No. 1 claiming 3/4th share in the 17/4, Pitambar Ghatak

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