ORDER :

1. Heard Mr. Kundan Kumar Ambastha, counsel appearing on behalf of the appellants.

2. Heard Mr. Lalit Kumar Lal, counsel appearing on behalf of the respondents.

3. Counsel for the parties jointly submit that although the instant case has been listed under the heading for orders, but the case may be taken up for final disposal and accordingly they have argued the case on the merits at length.

4. Counsel for the appellants submits that this appeal has been filed against the judgment and decree dated 28.01.2002 (decree signed on 07.02.2002) passed by 1st, Additional Judicial Commissioner, Khunti in Title Appeal No. 50 of 2000 setting aside the judgment and decree passed in Partition Suit No. 230 of 1985 and remanding back the case to the learned trial court directing the plaintiffs/appellants to add the Deputy Commissioner, Ranchi a party in the suit.

5. Counsel for the appellants submits that the matter arose out of Title Partition Suit No. 230 of 1985, which was dismissed by the learned trial court. He submits that in the matter of partition suit, which was involved in this case, no relief was claimed against the State and the State was neither a necessary party nor a proper part