Byers, J.

1. This petition under Section 115, Civil P. C, arises out of an order passed by the learned Subordinate Judge of Sivaganga, directing the sale of two houses under the following circumstances. The suit was filed for partition by alienees who were strangers to the family and after granting a preliminary decree for the division and separate possession of their share, the learned Subordinate Judge found that the houses were incapable of equitable division and must therefore be sold amongst the sharers. The sale was then held, at which the plaintiffs were permitted to bid and the learned Subordinate Judge then directed that in lieu of taking their shares in the property they were to be paid the proportionate share of the highest bid reached for these two items. It is against this order that some of the members of the family have now come up in revision.

2. One of the difficulties in the case is the absence of any accurate information as to whether there were formal applications made under Section 2 or Section 4, Partition Act. On behalf of the plaintiffs Mr. Sesha Ayyangar denies the existence of any such application and defends the procedure of the lower Court on the grou