LOKANATH PRADHAN Vs. BANAMALI PRADHAN

JUDGEMENT

(1.) Plaintiff is the appellant against dismissal of a suit for partition of ancestral properties of a Hindu family.

(2.) CASE of the plaintiff is that parties were possessing properties for mutual convenience by separation of status but there was no partition by metes and bounds. By amendment of the plaint it was asserted that in case it is assumed that there was a previous partition the same being inequitable, mistakes and not being binding on the plaintiffs is to be re -opened.

(3.) PLAINTIFF examined five witnesses and proved the documents marked as Exts. 1 to 6. Defendants examined three witnesses and proved the documents marked as Exts. A to E. Considering these materials trial Court held that the earlier decision is res judicata and as such it shall be accepted that there was a previous partition. Since there was a previous partition there is no scope for partition afresh. This is the grievance of the plaintiff.