BISHUNDEO NARAIN Vs. SEOGENI RAI

JUDGEMENT

(1.) THIS is a plaintiffs' appeal from a judgment and decree of the High court of Judicature at Patna. Their Lordships of the Privy council had granted special leave and the matter has been transferred to this court.

(2.) THE suit out of which the appeal arises was for a declaration in compromise decree, made in a previous suit for partition, does not bind the plaintiffs. THE learned counsel for the plaintiffs-appellants also contends that he asked for partition in the present case. But that is a matter of doubt.

(3.) IT is admitted on both sides that decree left certain properties undivided. The extent of those properties is in dispute but the fact that some properties were left undivided is admitted. <PG>282</PG>