(1.) These two Rules are directed against an Order passed by the Court below, allowing two applications under Order 21 Rule 100 of the Code of Civil Procedure.
(2.) The circumstances, in the background of which the two applications were made, are as hereinafter stated.
(3.) Nagendra Nath Sau, the petitioner, instituted a suit for partition, being T. S. No. 137 of 1929, in the Court of a Subordinate Judge at Hoogly, against his co-sharers Upendra Nath Sau and others. The suit was resisted, inter alia, on the grounds that there had been a previous partition and some of the properties in suit were not joint properties but the seif-acquired properties of some of the defendants. The trial court dismissed the suit on the ground that there having had been a previous partition, another suit for partition was not maintainable. Against the decree of the trial court, the petitioner preferred an appeal to this Court, being F. A. 189 of 1933.
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