Honble MUKHERJI, CJ.–This revisional application was directed against an order dated December 4, 1996 passed by the Additional Civil Judge (Junior Division) No.1, Jodhpur in Civil Original Case No. 270/95 whereby he closed the right of cross- examination in respect of the plaintiff. The defendants No. 2, 3 and 4 are the petitioners before us. The suit was for a money claim for Rs. 9,656. In the suit thestatement of the plaintiff has been recorded and his examination-in-chief is complete and the case was fixed for cross-examination of the plaintiff on 4.12.1996.

(2). It is the contention of the defendants that the plaintiff opposite party M/s. Asulal and Sons has wrongly joined the petitioners and they contested their liability inter alia contending that the firm defendant no.2 M/s. Ishwar Lal Bhagat Ram ofwhich Bhagat Ram and Nathmal are the partners are not liable for the alleged guarantee given by their another partner Purshottam Das as the guarantee was in his individual capacity for the reasons stated in the written statement. The petitioners moved an application in the trial court for impleading the heirs of late Purshottam Das as defendants for a correct decision of the case.

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