ORDER : This is a revision under S. 115, C.P.C. by Smt. Bittan Devi and live others, defendants, against the order dated 20-8-1962 of the Additional Munsif of Kanpur, dismissing their application for separation of their share through the agency of a commissioner.

2. The material facts of the case are that Rudra Sen Bajpai, opposite party No. 1, instituted a suit for partition of his 1/24th share in the properties in dispute belonging to the parties Kashi Narain Bajpai, since dead and now represented by applicants Nos. 1 2 and 6, and applicants Nos. 3 to 5, were defendants Nos. 1 to 4 in the suit. The other defendants Nos. 5 to 10 are the present opposite parties Nos. 2 to 7. There was a compromise between the parties whereunder the share of the plaintiff and of defendants Nos. 5 to 10 was held to be one-third and of defendant Nos. 1 to 4 two-third. A preliminary decree was passed accordingly, but it appears that neither the plaintiff, nor defendants Nos. 5 to 10, took steps for the passing of the final decree Defendants Nos. 5 to 10 had also not paid any court-fee for the separation of their share.

3. When no steps were taken by the plaintiff and defendants Nos. 5 to 10 for the separ

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