( 1 ) THIS Civil Revision petition is directed against the impugned order dated 3-5-2006, passed by the Learned district Judge, (South and West) at Namchi in Title Suit No. 5 of 2004, rejecting an application dated 24-4-2006 filed by the petitioners, seeking permission to validate an unregistered sale deed dated 6-2-1968 (Annexure-A1) by paying penalty in terms of notification No. 2947g dated 22-11-1946.

( 2 ) THE relevant facts of the case, in short, are that the principal Private Respondent nos. 1 to 17 herein filed Title Suit No. 5 of 2004 in the Court of Learned District Judge (South and West) at Namchi against all the defendants/petitioners and the Proforma respondents claiming partition of the suit properties covered by Plot Nos. 47, 162 and 428 situated at Mangmoo Block, P. S. Dentam, West Sikkim from the defendant/ petitioners and of plot Nos. 374 and 383 located in the same block from the Proforma respondent Nos. 18 to 20.

( 3 ) THE case of the Principal Respondent nos. 1 to 17 as plaintiffs in the said Title suit is that, one late Pirthidhoj Gurung had three sons namely late Kalu Singh Gurung, late Devi Prasad Gurung and late Bhakta bahadur Gurung. The pro