Utpalendu Bikas Saha, J.

1. Title (Partition) Suit 23 of 1999 was filed by one Md. Bajlu Mian (Plaintiff) Predecessor in interest of respondent Nos. 1 to 8 in the instant revision petition against the present petitioners as defendants along with the respondents Nos. 9 to 13. In the said suit, the Plaintiff, predecessor in interest of the respondent Nos. 1 to 8 asked for partition of the joint property and also for passing a decree allocating him 23.44% share of the joint property. The aforesaid suit was contested by the present petitioner Nos. 1 and 2 who were proforma defendant Nos. 10 and 11 in the suit and no other defendant including the petitioner Nos. 3 to 5 contested the suit. On contest the suit was decreed with a preliminary decree dated 11.07.2001. As the parties in the suit would not affect partition by themselves, in terms of the preliminary decree, the plaintiff Md. Bajlu Mian filed a petition for passing final decree and consequent thereto, the trial Court passed final decree on 27.11.2004 taking into consideration the report of the Survey Commissioner, namely, Tushar Kanti Dasgupta and in the said final decree it is mentioned that the report of the Survey Comm