ORDER :- This revision petition arises out or a suit for partition in which the present petitioners, defendants 27 to 35, joined the plaintiff in asserting that the properties in the suit were joint family properties as against the claim of the legal representatives of the 1st defendant - the 1st defendant died pending suit - that they were the separate properties of the 1st defendant. The trial court found that some of the properties were joint family properties and the rest the separate property of the 1st defendant. It passed a preliminary decree accordingly, and against that decree the plaintiff appealed while the legal representatives of the 1st defendant filed a Memorandum of cross-objections.

While the appeal was pending, the plaintiff decided not to prosecute it and he filed I.A. 217 of 1955 for leave to withdraw it. (Why he thought leave necessary is not apparent). Thereupon the present petitioners, who were respondents 26 to 34 in the appeal, filed I.A. 218 of 1955 praying that they be transposed as appellants and allowed to prosecute |he appeal, and, naturally enough, they alleged that the plaintiff was in collusion with the legal representatives of the 1st defendant.

This

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