( 1 ) THIS order will dispose of the application of defendants 14 and 16 under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure. By this application the applicants/defendants 14 and 16 seek to redetermine the share of the applicants in the property in suit.

( 2 ) THE brief facts resulting in the filing of the application may be summarised as under:

( 3 ) THAT one Shri Shiv Sahai expired intestate and was survived by his three sons namely Surat Singh and Narain Singh. Each one of them had 1/3rd share in the property. Narain Singh also expired on 18th December, 1962 intestate and is survived by his four daughters. Defendants 14 and 16 are two of the daughters of the deceased Narain Singh. On the death of Narain Singh each of the daughters claimed to have inherited 1/12th undivided share in the property. Lt. Col. Gaj Singh Yadav (Retd) one of the legal heirs of Surat Singh filed this suit for partition of the ancestral properties listed in the plaint and for appointment of a Local Commissioner to suggest the mode of partition and to pass a final decree after such report of the Local Commissioner was received. The applicants and other daughters of N