RAY C. J.

( 1 ) THIS is a petn. by defts. 4 to 11 for revising an order passed by Munaif of cuttack restoring a suit which had been dismissed under Order 9, Rule 8, C. P. C. The suit was one for specific performance of contract of lease of some waste lands as well as Nijchas lands. The contract had been entered into by defts. 1 to 2, who admittedly are the proprietors. The contract is said to have been entered into on different dates (29-9-44 and 6-2-45) in respect of wastelands and nijchas lands respectively. The defts. l and 2, however, executed a registered permanent lease in respect of the very same lands in favour of deft. 8 on 4-845 The latter about two years after his lease sold his lease-hold interest to defts. 4 to 12 of whom defts 4 to 11 are the petnrs. before us. Admittedly, defts, 4 to 12 were actively contesting the suit. The position in relation to the other defts. is that defts. l to 2 filed and written statement alleging that as the pltf. had failed to pay the promised consideration, they were at liberty to grant the subsequent lease in favour of deft. 3. The deft. 3 filed a written statement opposing the pltfs. " case and asserting the validity of his lease free