The plaint of T.S. No. 106 of 2005 has been brought on record as Annexure-1 to the revision application. The case of the plaintiff-opposite parties as made out in the plaint, in short, is that the ancestor of the defendant-petitioners earlier filed T.S. No. 241 of 1967 for partition before the Munsif at Katihar and obtained the ex parte decree for partition suppressing summons against the ancestor of the plaintiffopposite parties. Subsequently, ancestor of the defendantpetitioners got a final decree prepared and got the same executed by filing Execution Case No. 31 of 1973 where a collusive delivery of possession, only on paper, was effected. Later on, the said ancestor of the defendant-petitioners filed T.S. No. 03 of 1987 before the Sub Judge claiming his right, title and interest over the suit on the basis of the decree passed in the T.S. No. 241 of 1967 and the delivery of possession effected in the Execution Case No. 31 of 1973. It is the case of the plaintiffs that in this suit also the summons were suppressed and a collusive service report was submitted with regard to the substituted defendant and ultimately the ex parte decree was passed in favour of the ancestor of the defendant-petitioners. The plaintiffs have filed the present suit with aforementioned reliefs before the court of
