1. The petitioners are aggrieved by an order dated 2nd February, 2008 whereby the learned Civil Judge while deciding an issue about maintainability of the suit for partition though observed that the plaint as well as the relief clauses were not in accordance with law, however, instead of rejecting the plaint he observed that since suit was instituted long ago, i.e., on 8th April, 1987, the plaintiff would suffer irreparable loss if the plaint was rejected so he gave plaintiff an opportunity to file an application for amendment of the plaint and reliefs. Hereinafter parties shall be referred as plaintiffs and defendants. Petitioners are defendants before the Trial Court.

.2. A perusal of the plaint filed by the plaintiffs would show that the plaintiffs titled the suit as a suit for partition. However, in the body of the suit, the plaintiffs mentioned that their father who died in year 1968 left behind a .Will in respect of property no. B-IV/172, Amar Colony bequeathing 1/7th equal share on each of his son and one daughter, if she was still unmarried on the date of his death. However, the property had certain charges which were mentioned in the Will itself and it was provid