Asha Arora, J.

1. This revisional application at the instance of the plaintiff/petitioner is directed against an order dated February 15, 2007 passed by the learned Civil Judge (Senior Division), Jhargram in Title Suit No. 1 of 2001 whereby an application under section 10 of the Code of Civil Procedure filed by the defendant nos. 4 to 6 seeking stay of the aforesaid suit till the disposal of First Appeal being F.A No. 2 of 2003 was allowed.

2. The backdrop of the matter may be synopsized as follows: The plaintiff/petitioner previously filed a suit for partition being Title Suit No. 49 of 1994 against the opposite parties/defendants in respect of the same property which was dismissed on contest by the trial court with the following observation:

“So, it appears that defendants failed to discharge the onus of proving that plaintiff understood the contents of the deeds and there was independent legal advice to her. But even if this fact remains unproved by defendants, plaintiff cannot get the decree as prayed for, because, there is no prayer for declaration of the two deeds as null and void. This court can not award a decree for partition keeping aside the other relief on which