SAMBHUDUTT Vs. SRINARAIN

JUDGEMENT

(1.) This is an appeal by Shambhudutt and others against the judgment and decree of the District Judge Jodhpur in a suit for partition.

(2.) The suit was brought by Srinarain plaintiff against Laxmi Narayan, Harnarayn and Pyarelal who were brothers of the plaintiff for partition of his one-fourth share in certain properties situate in Jodhpur and mentioned in Schedule 'A' annexed to the plaint, which were claimed to be joint properties of the four brothers. The case of the plaintiff respondent was that though he and his brothers had separated long before and there had been severance of status, yet immovable properties which were coming on in the family from the time of their ancestors were not divided by metes and bounds. The plaintiff, therefore, wanted his one- fourth share to be so divided.

(3.) The suit was resisted by Harnarayan defendant who died during the course of the trial and is now represented by Sambhudutt and others -- appellants. Among other pleas, one of the objections of Harnarayan was that the suit should be thrown out as it was bad for partial partition for some properties had not been included in the list of properties. These properties were said to be certain movables and cash with the plaintiff and certain other defendants and some land in village Sogawas in District Nagaur.