ORDER: This civil revision by Shamsuddin is directed against the order of the Civil Judge, Mohanlalganj, Lucknow allowing the objection of the opposite party Abbas Ali under Order 21, Rule 101. Civil P. C. It arises out of the following facts.

2. One Mohammad Jafar made a mortgage of five shops on the ground floor and two shops on the first floor situate at Sanitary Road, in Mohalla Maulviganj, in the city of Lucknow. Abbas Ali enforced the mortgage against Mohammad Anwar, Ashraf Jahan Begam and Masooma Begum, son, daughter and widow respectively of Mohammad Jafar, after the latter's death. He obtained a decree for sale and purchased the mortgaged property at a Court sale held on December 13, 1955. A warrant for delivery very of possession was issued and possession was delivered to him on November 5, 1957 under the provisions of O. 21, R. 36, Civil P. C., as the various shops were in the possession of tenants. Subsequently, Sultan Jahan Begum instituted Regular Suit No. 62 of 1961 in the Court of the Civil Judge for partition of her one-third share in the disputed properties and for possession over her partitioned share. She alleged in that suit that one Wahid Ali had three sons, Mo

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