KRISHNASWAMI NAIDU Vs. PERUMAL ALIAS NAMMAYYA NAIDU

JUDGEMENT

(1.) This suit is brought for partition by the plaintiff against his brother, the 1st defendant, and the latter's minor sons. The Second Appeal was first of all dismissed for default on 26 April 1923, and it was afterwards restored to file on 26 March 1924. The 2nd respondent was given up and the appeal has now come on for hearing. Unfortunately the pleadings in this case are not before me.

(2.) However, from the facts found by the learned Subordinate Judge and from the abstract of the pleadings in the judgment, the following appear to be the facts upon which the Second Appeal has to be decided.

(3.) In 1910, the plaintiff brought a suit against the 1 defendant and their father for partition. He withdrew that suit with leave to bring another, but he failed to pay the costs, which was the condition on which leave to sue again was granted. He continued to live jointly with his father and brother, and, after the former's death, with the latter until disputes arose, which culminated in this suit. The plaintiff obtained a decree in the lower Courts and the defendants now appeal.