CHANDRA SEKHAR GHOSH Vs. JOYNAB KHATUN

JUDGEMENT

(1.) This appeal is directed against a concurrent decree for partition, passed by the two Courts below in favour of the Plaintiffs, who are the principal Respondents before us. The Appellants are some of the Defendants.

(2.) The suit has been decreed by the two Courts below after over -ruling the Defendants' plea of multifariousness and after ascertaining the Plaintiffs' share in the disputed properties as 4 annas 9 gandas and 2 karts.

(3.) In support of this appeal Mr. Lala has first contended that the suit should have been thrown out on the ground of multifariousness. It appears from the Plaintiffs' case itself that, in the suit, properties were included, in which the Plaintiffs, no doubt, claimed to be interested but all the Defendants were not interested in all the items of properties. In some of the properties, some of the Defendants were interested as owners by purchase and, in some others, some of the other Defendants were interested under settlement from auction -purchasers at certain execution sales. Prima facie, there was some misjoinder of causes of action and parties, but, having regard to the nature of the suit, which was a suit for partition, the matter has to be dealt with on principles of convenience and adjustment of equities or equitable adjustment between the parties, which favour the Plaintiffs -Respondents and, as in this particular case, the above objection was not given effect to by any of the Courts below, that is, up till the first appellate stage, we are not inclined to give effect to the same, in view, particularly, of Sec. 99 of the Code of Civil Procedure, there being nothing on this point to affect the merits of this appeal and no question of jurisdiction either being involved.