GOBIND JOO KHAZANCHI Vs. VISHNATH KHAZANCHI

JUDGEMENT

(1.) THIS revision application is directed against an order of the Subordinate Judge disposing of two preliminary issues raised in the suit. The facts giving rise to this revision application briefly stated are these:

(2.) VISHNATH Khazanchi son of Shridhar Joo Khazanchi brought a suit against his father and uncle, Gobind Joo Khazanchi for partitioning the property which according to him was held jointly by him with them. The items of the property sought to be partitioned have been mentioned in the plaint. Defendant Gobind Joo Khazanchi raised two objections on which the preliminary issues were framed. These objections were that the entire joint property should be brought into hotch potch for partition and all the members of the joint Hindu family should be made parties to the suit. The two preliminary issues have been found against the defendant and the defendant has filed this revision application against the order of the trial Court.

(3.) THE first question for consideration in this revision application is whether the sons and grandsons of the other members who are alleged to be members of the joint family should have been im -pleaded as parties in this case or not. The learned counsel for the petitioner has argued that the sons and grandsons of members of different branches of the family should also be impleaded as parties to the suit in order to effectively decide the whole case between the parties. It is submitted that sons have been impleaded as parties to the suit but grand -sons have not been so impleaded and they ought to have been impleaded as they were necessary parties in the case.