REBATI RAMAN BASAK Vs. HARIS CHANDRA BASAK

JUDGEMENT

(1.) This appeal arises out of a suit for partition, and the only question involved in this appeal is, whether the Courts below were right in refusing to allow the plaintiffs to amend the plaint under the following circumstances.

(2.) The plaintiffs alleged that the property in suit was the ancestral property of the plaintiffs and defendants; that the plaintiffs were in joint possession with the defendants as co-sharers; that as it became inconvenient to hold possession of the property jointly, they gave notice to the defendants to effect a partition and then brought this suit. The cause of action is said to have arisen in January and May 1916 when the defendants declined to effect the partition.

(3.) The defence (of the defendant No. 1 who alone contested the suit), inter alia, was that the plaintiffs had no title, that the property was not ejmali property, and that the plaintiffs had no possession. He accordingly contended that the suit should not be maintained in the form in which it was instituted.