AMULYA CHARAN MAITY Vs. SATYESWAR MAITY

JUDGEMENT

(1.) This appeal arises out of a suit for partition. The contesting Defendants are the Appellants before us and there is a cross-objection by the Plaintiffs in respect of some of the disputed properties.

(2.) The suit was filed on January 11, 1954. The original plaint included four schedules of properties ka, kha, ga and gha,. Thereafter, by a petition for amendment of the plaint, filed on December 6, 1954, and allowed by the order of the trial Court on January 28, 1965, two other schedules were included in the plaint, namely, una and cha.

(3.) With regard to una, the Plaintiffs' case was that this also comprised joint properties, which were left out initially by mistake, or through ignorance, and with regard to the other added schedule, namely, cha, the Plaintiffs' case was that they were their (Plaintiffs') separate and exclusive properties but, as the Defendants had taken objection on the ground that they also were joint properties of the parties, the same were included in the suit for the Court's decision.