SM JASODA KUMARI SEWANI Vs. SM SATYABHAMA SEWANI

JUDGEMENT

(1.) This appeal by defendants 2 and 3 arises out of a partition suit. The appeal is from the judgment of the learned Subordinate Judge of Purulia decreeing the plaintiff's suit tor partition in respect of a moiety shave in Schedule I and one-third share in Schedule 2 properties of the plaint.

(2.) Only two points have been pressed in support of the appeal by Mr. S. K. Sarkar: first, that the plaintiff's share should be one third, and not a half in the Schedule 1 property, and, secondly, that the present suit was barred under Order II rule 2 Sub-rule (2) of the Code of Civil Procedure.

(3.) For a proper decision of the two points raised to the appeal, it is necessary to state the material facts of the case: