JUDGMENT : BANERJI, J. This is an appeal against an order of remand under section 562 of the Code of Civil Procedure. The plaintiff-respondent is the lessee of an undivided one-third share of a house from one Nazir Hasan, who bought it at auction. The lease was granted on the 31st of July, 1898. Subsequently to the granting of the lease the lessor, Nazir Hasan, who is the father of the plaintiff, brought a suit for partition of the one-third share. He withdrew the suit for reasons, which do not appear and he did not obtain the leave of the court to institute a fresh suit. The present suit was brought in 1905 by the lessee for partition of the one-third share. The court of first instance dismissed it on the ground that a lessee could not institute a suit for partition. That view was clearly incorrect. Under section 44 of the Transfer of Property Act a transferee may enforce a partition of the property of which he is the transferee, provided that partition is necessary to give effect to the transfer. A lessee is undoubtedly a transferee within the meaning of the section. The question whether a partition is necessary in the present case in order to give effect to the transfer has not been considered and determined The Munsif in dismissing the suit relied on the further fact that the lessor was not a party to the suit. It appears that none of the defendants raised the plea of want of parties, and so far as the defendants are concerned they must, under the provisions of section 34 of the Code of Civil Procedure, be deemed to have waived any objection on that ground. If the court considered that the presence of the lessor was necessary, and we think it is necessary, the court ought to have given the plaintiff an opportunity to add him or should, of its own motion, have added him as a defendant. We think when the case goes back to the court of first instance, the Munsif should give the plaintiff an opportunity to add the lessor as a defendant. We are, however, unable to hold that the court below was wrong in remanding the case under the circumstances. We accordingly dismiss the appeal with costs.