Judgment

SHAH J. : This appeal with special leave is against the decree of the Madhya Pradesh High Court confirming the decree of the 1st Additional District Judge, Jabaipur in Civil Suit No. 12-A of 1952.

2. The dispute between the parties arose in a suit or partition of joint family property. The parties are Digambar pains of the Porwal Sect and are residents of Jabalpur which at the material time was in Madhya Pradesh. The following pedigree explains the relationship between the parties:-

Saheblal son of Munnalal filed Suit No. 12A of 1952 in the Court of the 1st Additional Subordinate Judge, Jabalpur on June 21, 1952 for a decree of partition and separate possession of his 1/12th share in the joint family property. He claimed that in the property his father s branch was entitled to have a half share and the remaining half was owned by Ram Chand and his branch. The Additional Dist. Judge ordered that Khilonabai -grandmother of Munnalal & - Ramchand the wives of Munnalal and Ramchand and their sons and Bhunbai (widow of Padamchand) and Rajkumar who claimed to be a son of Padam Chand by adoption by Bhuribai on July 26, 1952, be impleaded as defendants to the suit.

3. At the trial of t