1. The instant revisional application arises out of a suit, instituted initially for partition, for declaration that the plaintiffs had fifty per cent share in the suit property and for consequential reliefs.

2. Subsequently the plaintiffs sought an amendment, inter alia seeking to introduce a declaration that the defendant nos. 1 and 2 had no right, title or interest to transfer the entire premises no. 20, Gopal Chandra Mukherjee Road, Kolkata - 2, exceeding their 50% of share, in favour of the defendant no. 6 who had not acquired any interest more than 50% in the said property by virtue of the said deed of conveyance dated 09.11.1992, and for incorporating the corresponding facts. The said amendment was allowed by a different portion of the order than that impugned herein.

3. On the other hand, the present petitioner, being defendant no. 6 in the suit, had filed an application under Order VII R.11, read with Order I R.10(2), of the Code of Civil Procedure, seeking a rejection of the plaint as far as the said defendant was concerned and / or expunction of itself from the suit. The said application was rejected on contest. The present revision has been preferred by the defendant no