1. The short question for consideration in these revisions is whether second suit for declaration of title and permanent injunction is barred under O.9, R.9 of the CPC where an earlier suit for partition was dismissed in default under O.9, R.8 of the CPC.

2. Original plaintiff - Isbati (mother of non - applicant No. 1(a) and(b) herein) filed a suit for declaration of tile and permanent injunction restraining the defendant - Hiralal (father of applicants herein) from interfering with her peaceful possession. The said suit was filed against defendant - Hiralal, who also died during pendency of the suit and his legal heirs were brought on record (applicant herein). The original plaintiff claimed that she is title holder of the suit land and it was encroached by defendant Hiralal, therefore, he be restrained from interfering wit