Petitioners are defendants 14 and 22 in O.S. No. 59 of 1945 on the file of the Court of the Subordinate Judge, Tenali. The suit was for partition and for possession after setting aside certain alienations. The defendant is the father of the plaintiffs. He was adjudicated insolvent and the Official Receiver was made a party to the suit. The suit relates to the setting aside of alienations not only made by the father but also by the Official Receiver and paragraph 5 of the plaint states:

“There was no proper vesting order passed in favour of the Official Receiver. Neither the half share of the first plaintiff nor the father’s power to sell the same was or could be vested in the Official Receiver in I.P. No. 33 of 1930. The latter could if at all deal with the first defendant’s half share. The Official Receiver sold the insolvent’s right, title and interest in the properties mentioned as items 6 to 17 of Schedule B without covenanting for the existence or extent of the title of the insolvent..... These defendants did not acquire title to any more than the half share of the first defendant.”

During the pendency of the suit, the Provincial Insolvency Act was amended by the additi