PANCHANAN DALAI Vs. LAKSHMIDHAR DALAI

JUDGEMENT

(1.) THIS appeal by defendants 1 and 2 is directed against the judgment of the Additional Subordinate Judge of Puri dated 17 -10 -49 decreeing the plaintiff's suit preliminarily for partition. The plaintiff commenced the suit basing his claim on a deed of family settlement (Ext. 2) dated 15 -7 -26, in accordance with which he claimed five annas ten pies share in the joint family property and the defendants 1 and 2 were entitled to five annas one pie share each. It would be convenient at this place to set out the family genealogy which is as under :

(2.) DEFENDANTS 3 to 13 were added as parties to this litigation as they happened to be the co -sharers in respect of certain items of the disputed properties.

(3.) DEFENDANTS 3 to 13 did not appear in the proceeding and were set down ex parte.