Prabir Kumar Samanta, J.

1. An application under section 4 of the Partition Act in a pending partition suit whether would be hit or not by Article 97 of the Limitation Act, 1963 is the subject matter for consideration in this revisional application.

2. The facts of this case for the present purpose are stated as under. One Sibapada Paul filed a suit for partition against the predecessor-in-interest of the defendant/petitioner of this revisional application. The said suit was registered as Title Suit (Partition) No. 44 of 1981. The said suit was for partition of a joint family dwelling house being premises No. 8D. Akrur Dutta Lane. It was alleged in the said partition suit that the aforesaid joint family dwelling house namely premises No. 8D, Akrur Dutta Lane belonged to Sibapada Paul and Nader Chandra Paul, the predecessor-in-interest of the defendant in majority shares. During the pendency of the aforesaid partition suit said Sibapada Paul allegedly entered into an agreement on 23rd December, 1986 with the opposite parties herein namely Babulal Rojha, Gogen Rojha, Gorachand Rojha and Gobinda Rojha for sale of his share in the said premises. On his death his wife, namely Smt