S.J. Mukhopadhaya, A.C.J.

1. Defendant No. 3 petitioner has challenged the order dated 23rd February, 2005 passed in Partition Suit No. 153 of 2002, whereby and whereunder, the learned Sub-Judge-IX, Ranchi, while rejected the petition, filed by defendant No. 3-petitioner under Section 23 of the Hindu Succession Act, 1956 read with Order VIII, Rule 11(d) and Order XIV, Rule 2(B) of the Code of Civil Procedure, has also allowed the petition, filed by the defendant/2nd and 4th respondents under Order I, Rule 10(2) of the Code of Civil Procedure for transposing them as plaintiffs in the suit, in question.

2. Before deciding the issue, as raised in the writ petition, it is necessary to notice the relationship in between the petitioner and respondents. The plaintiff/1st respondent, Juthika Das Gupta, wife of late Paritosh Das Gupta, is the mother of defendant No. 3/petitioner and other defendant/ 2nd, 3nd and 4th respondents.

3. The plaintiff/1st respondent filed Partition Suit No. 153 of 2002 in the Court of learned Sub-Judge, Ranchi, against her one daughter and three sons (all defendants), praying therein, for a decree for partition of the suit properties, claiming 1/5th share in th