T. R. Handa, J.—The petitioner has come up in revision against the order dated 21-12-1978 recorded by the Additional District Judge Mandi on an application purporting to have been made under Order XX11, Rule 4 read with Section 151 of the Code of Civil Procedure on behalf of the respondents.

2. The facts which have giver rise to this revision petition are not very much in dispute. The present petitioner Nisapatti brought a suit in the Court of Subordinate Judge, Mandi against his brother Lekh Raj and his mother Smt. Achhri for a declaration that certain property as detailed in the suit was ancestral in nature in which all the three parties named above bad equal share and that the same was liable for partition in accordance with such shares. Shri Lekh Raj the brother of the petitioner contested the suit claiming that he was the exclusive owner of the property in question as it was his self acquired property. Smt. Achhri the mother of the petitioner did not contest. Shri lekh Rai expired during the pendency of the suit and the present respondents were impleaded as his legal representatives. The suit was ultimately decreed in favour of the petitioner plaintiff.

3. The responden