JUDGMENT :

P.k. Misra, J. - This appeal has been filed by the plaintiffs challenging the order of the trial court rejecting their petition under Order 39. Rules 1 and 2. CPC (in short. "C.P.C."). The present appellants have filed Title Suit No. 70 of 1998 in respect of Hal Plot No. 16. Khata No. 503 measuring Ac. 0.205 decimals of land in village Talasankar, within Sundergarh Town. The suit was filed for declaration of right, title and interest and for declaration that the sale deed executed by defendant No. 3 in favour of defendant No. 1 was null and void, it was also prayed that in case it is found that the plaintiffs are dispossessed before or after filing of the suit, recovery of possession through Court be ordered. The plaintiffs have further prayed for permanent injunction restraining defendants 1 and 2 from entering upon disputed land. It is claimed in the suit that the disputed properly belonged to the late husband of plaintiff No. 1 and late father of plaintiffs 2 and 3. It is further alleged that defendant No. 3. the elder brother of father of plaintiff's 1 and 2. executed sale deed during minority of late Bharatendra Sckhar Deo. the predccessor-in-interest of the plaintif