J. K. MISRA, J.

( 1 ) THE petitioners are the plaintiffs in T. S. No, 19 of 1956 in the Court of the Subordinate Judge, Berhampur. That suit is one for partition of a joint ancestral house belonging to the plaintiffs and defendants 1 to 4. Defendant No. 1 is the father of the plaintiffs, and defendant No. 2 is the brother of the latter. Defendant No, 3 is the son of defendant No. 2 and defendant No. 4 is the mother of defendants Nos. 1 and 2. According, to the plaintiffs, they have got 5/18 share in that house, defendant No. 1 has got 1/18 share, each of defendants 2 and 3 has got 3/18 share, and defendant No. 4 has got 6/18 share. There was a money suit (No. 15 of 1949) against the deceased grandfather of the plaintiff and defendants 1 and 2, and. in execution of the decree in the said suit by defendant No. 5 (E. P. No. 34 of 1952), the suit house was attached and put to auction sale. Defendant No. 6 purchased the said house in auction sale and deposited the sale proceeds, and before the sale was confirmed, the present suit by the plaintiffs was instituted for partition. Defendants 6 to 9 were other creditors who had got money decrees against defendants 1 and 2, and they advanced