Bhave, J.-

1. By this petition under Article 226 of the Constitution, the petitioners seek a writ of certiorari for quashing all order dated 15th September 1965 passed by the Board of Revenue, Madhya Pradesh, in Revision No. 99-I/1964.

2. The petitioners had presented an application under section 178 of the Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred to as the Code), before the Naib-Tahsildar Gharghoda, for partition of certain property alleged to have been held by them along with Mahingal Singh (respondent No.5) in Bhumiswami rights. It was claimed that the land belonged to the parties as members of the joint Hindu family and they had a right of partition. The respondent No.5, however, raised an objection that the land was recorded in his name; that he was solely entitled to the said land; and that the petitioners were not entitled to any partition. In other words, the respondent No.5 raised a question of title before the Naib-Tahsildar.

3. The proviso to sub-section (1) of section 178 of the Code reads:

“Provided that no such partition shall be nude, if any question of title is raised, until such question has been decided by a civil suit.”

The contention of the r