JUDGMENT :

P.C. Misra, J. - This revision has been filed by the plaintiffs in O.S. No. 74 of 1983-1 of the Court of Additional Munsif, Balasore, against an order passed by the learned Additional Munsif directing the plaintiffs to take return of the plaint under Order 7, Rule 10-A of the Code" of Civil Procedure. At the stage of admission, notice of admission and hearing was sent to the opp. parties pursuant to which some of the opp. parties had appeared and contested the case.

2. The plaintiffs in the aforesaid suit have .prayed for a declaration that certain sale deeds are sham, collusive and inoperative and for partition of schedules 'B' and 'C properties by metes andd bounds. The suit was valued at Rs. 1850/- and fixed court-fee worth Rs. 22. 50 was paid thereon. The defendants appeared in different sets and filed separate written statement. Six issues were framed by the Court whereafter date of hearing was fixed Un the date of hearing plaintiffs began examining their witnesses. Plaintiff No. 2 was the first witness on that day. He proved a sale deed marked as Ext. 9 wherein 5 decimals of land conveyed therein was sold for a price of Rs. 2500/-. Immediately after his examination w