JUDGMENT

Leave granted.

2 . Kamaleshwar Kishore Singh, the appellant and his two minor sons suing through the appellant as next friend, have filed a suit for partition of movable and immovable properties registered as T.P. Suit No. 489 of 1993 in the Court of Sub-Judge-I, Patna. A perusal of the plaint shows that the parties are alleged to be members of joint Hindu Mitakshara family and the properties forming subject matter of the suit, set out in the two schedules annexed with the plaint (Schedule-I listing the immovable properties and Schedule II listing the movable properties) are alleged to be joint family properties of the parties. The source of acquisition of properties is alleged to be joint family funds. The share claimed by the plaintiffs is 25/3 paise out of 100 paise . The remaining shares belong to the defendants. The reliefs sought for are: (i) a preliminary decree defining plaintiffs share at 25/3 paise in the suit properties described in Schedule I & II of the plaint, (ii) appointment of a commissioner to divide the properties by metes and bounds, and (iii) placing the plaintiffs in exclusive possession over the property falling in their share. The suit is valu