I. N. MODI, J.

( 1 ) THIS is a regular first appeal by the defendants Padmaram and six others in a suit for partition and has come up for arguments before me on a question relating to the abatement of the appeal in circumstances presently to be mentioned.

( 2 ) THE parties are Jats and are descendants of a common ancestor. Nanak and Shriram were two brother. Nanak brought the suit out of which this appeal arises for possession by partition of certain land situate in village Chhapawali, Tehsil Hanumangarh, in which he claimed a half share. Nanak having died is now represented by his five sons Surja and others in this appeal. The defendants in the suit were Padmaram and five others, sons of Shriram, and Gopi, a grandson of Shriram. The suit was filed in a revenue court, namely, that of the Deputy Commissioner, Hanumangarh, and was later transferred to the court of the Collector, Ganganagar, who having been of the opinion that a question of proprietary title was raised in the case referred it to the District Judge, Ganganagar. The correct procedure for the Collector should have been to refer the specific issue or issues relating to proprietary title to the District Judge ins