The instant revisional application at the motion stage is taken up for hearing on contest in presence of the caveators being directed against Order No. 36 dated 30.11.96 passed by the Assistant District Judge, Asansol in connection with Misc. Case No. 207 of 1994 arising out of a suit being Title Suit No. 33 of 1993. The said Misc. Case arises out of a proceeding under Order 9 Rule 13 of the Code of Civil Procedure and by a composite order both the miscellaneous proceedings as referred to as well as another petition under Order 1 Rule 10 sub-rule (2) have been disposed of. Here the admitted position is that in a suit for partition a preliminary decree has been passed and a final decree is a waiting to be passed. After the passing of the preliminary decree and during the period of interrugnum resulting in passing of the final decree, a petition under Order 1 Rule 10(2) C.P.C. has seen the light of the day in the proceeding.

2. Mr. Bakshi, learned Counsel appearing on behalf of the petitioners, has assailed the rejection of the petition under Order 1 Rule 10 (2) C.P.C. The entire object of Mr. Bakshi’s clients is to enter into the arena of legal combat after the preliminary de