Bhaskar Bhattacharya, J.

This revisional application is at the instance of plaintiffs in a suit for partition and is directed against Order No.46 dated January 15, 1993 passed by the learned Assistant District Judge, 1st Court, Midnapore in Title Suit No. 132 of 1989 thereby holding that the suit was not maintainable so far the properties described in Lot No.1 of the plaint schedule are concerned.

There is no dispute that on the consent of the parties the following issue framed by the court was heard as preliminary issue:-

"Is the suit maintainable in view of section 4 of the Benami Transaction (Prohibition) Act, 1988 in respect of properties alleged to have been purchased in benami?"

By the order impugned herein, the learned trial Judge has answered the issue in negative so far as the properties described in Lot No.1 are concerned and in affirm1,ltive in respect of remaining Lot Nos. 2 to 7.

Being dissatisfied, the plaintiffs have come up with the instant revisional application under section 115 of the Code of Civil Procedure.

2. After hearing Mr. Roychowdhury, the learned counsel appearing on behalf of the petitioners and Mr. Mukherjee appearing on behalf of the opposite parti