Patanjali Sastri, J.

1. This Revision Petition is filed against the order of the Court below refusing to strike out the petitioners name from the plaint. The petitioner who is the second plaintiff in the suit sold to the first plaintiff the first respondent herein a certain village called Puducottah which, along with certain other villages belonging to the defendants in the suit some of whom are the other respondents here, was charged with the payment of a certain annuity. In execution of a decree obtained for the recovery of such annuity, the petitioners village was sold but the sale was set aside under Order 21, Rule 89 on the petitioner depositing Rs. 7,976-9-6 in Court. The petitioner alone having thus paid the entire amount which was payable from out of all the villages charged with such payment, he claimed to be entitled to recover Rs. 2,514 by way of contribution from the owners of the other villages. Subsequently, the petitioner sold the village of Puducottah to the first respondent with all rights appurtenant thereto. The sale-deed purports to convey also the petitioners right to recover this sum of Rs. 2,514 and the present suit was accordingly brought by the first