ORDER :

The present civil miscellaneous petition has been filed for quashing the order dated 20.12.2021 (Annexure-2 to the present petition) passed by Sub-Judge-I, Ranchi in Original (Partition) Suit No. 70/2020, whereby the petitioners have been directed to remove the defects in the plaint and to take steps for adding the Deputy Commissioner, Ranchi as party defendant.

2. Mr. Shashank Shekhar, the learned counsel for the petitioners, submits that the plaintiffs/petitioners have instituted a partition suit being Original (Partition) Suit No. 70 of 2020 pending in the court of Sub-Judge-I, Ranchi seeking relief of a preliminary decree for partition of the plaintiffs’ share in the suit property and after appointment of survey knowing Pleader Commissioner, separate Takhta of the plaintiffs be carved out, decree be made final and the plaintiffs be put in Khas and exclusive possession of the same. In the said suit, the Sub-Judge-I, Ranchi vide impugned order dated 20.12.2021 has, however, directed the petitioners to add the Deputy Commissioner, Ranchi as defendant observing that the parties are members of Schedule Tribe and the case is at initial stage and as such, they shall not be preju