LACHMI NARAIN MARWARI Vs. BALMAKUND MARWARI

JUDGEMENT

(1.) This is a suit for partition brought in 1913 by the youngest of a family of brothers against two of his brothers and the children of a third brother.

(2.) The eldest brother of all was omitted from the suit because it was suggested that he was already separate in estate. The original defendants, however, disputed this; and he was at their instance made a defendant party.

(3.) At the hearing the Subordinate Judge took the view that he was separate and dismissed him from the suit.