SINHA, J. - (1.) THIS is an appeal from a judgment of Das J. dated 12 -8 -1948 dismissing the plffs' suit for a declaration that the decree & order made in suit No. 1676 of 1941 (hereinafter referred to as the said suit) are invalid & void, for setting aside the said decree & order & for other reliefs.
(2.) THE relationship of the parties will appear from the following genealogical table: HARCHANDRAI (d) Jawala Prasad Gobordhandas (died) Hiralal (deft. 3) Banarashi debi = Choteylal (deft. 1) ______________________________________| (Ist wife deceased) = Narbadadebi (2nd wife) ||||| Purushottamlal (minor) Ratanlal (minor) Banwari (minor) | Tulsiprasad (minor) (deft. 2) (deft. 4) (deft. 5) (deft 6) Bhagwatiprasad = Savitri Debi (deft. 7) Benoy S sakar Bejcy Shankar Bimal Shatikar (minor) (Pltf. 1) (minor) (Pltf. 2) (minor) (pltf3) The said suit was instituted by Hiralal Dhandhania and his three infant sons against Choteylal and his infant son Tulsidas & one 'Bhagwatiprasad. It was alleged in the plaint that plffs. formed a Hindu joint family governed by the Mitakshara School of Hindu Law, & the deft. Choteylal & his son Tulsidas formed a joint Hindu family, the deft. Bhagwatiprasad having separated from Choteylal. The plffs. asked for a declaration of their half share in the immoveable properties mentioned in the schedule to the plaint & for partition & separate possession. Bhagwatiprasad in his written statement stated that he, along with his two infant sons, was entitled to a one -third of half share or one -sixth share in the properties & claimed separate allotment & possession in respect of his said one -sixth share.
(3.) DURING the pendency of the suit, on 14 -10 -1943 the plff. 3 Bimal Sankar, the third son of Bhagwati Prasad was born.;