Sarwate, J—The non-applicant Mt. Mahmudabi claims to be entitled to 1/8th share in certain properties which are alleged to have belonged to her father. She is suing the other heirs of her father, i.e., her brothers or their representatives defendants 1 to 10, for partition and separate possession of her share. To the suit, amongst others, the applicant Abdul Majid was also joined as defendant 11 on the allegation that he was in possession of lands nearly 300 acres in area in villages Dahifal and Pendbara which formed part of the estate of her father. On 2nd April 1946 the plaintiff applied to the Court that she wanted to abandon her claim as regards the property in possession of Abdul Majid. In the application it was stated that the plaintiff is the sister of defendant 11's mother and she did not want to strain the relations between them and, therefore, she did not want to claim a share in the property in possession of defendant 11. The application was filed by the plaintiff's husband Bahadarkhan who had taken a special power of attorney from the plaintiff on 27th October 1946 which was produced along with the application. The Judge passed the following order on the applica