Judgement

RAMASWAMI, J. : This appeal is brought on behalf of Defendants 1 to 6 and 24 to 39 against judgment of the High Court of Gujarat dated April 17, 1963 in First Appeal No. 215 of 1961 allowing an application for amendment of the plaint and remanding the suit for retrial before the Civil Judge (S. D.) at Surat.

2. The first respondent filed the suit "for partition of the Joint family properties" in the Court of the Civil Judge (S. D.) at Surat, being Special Suit No. 5 of 1957, against his grandfather, his father, his uncles and others. The plaintiff is the son of Defendant No. 14. Defendant No. 1 is the grandfather of the plaintiff and Defendants Nos. 2 and 3 are the brothers of defendant No. 1. Defendants Nos. 7, 18, 24 and 26 are the uncles of the plaintiff. The contesting defendants alleged that the plaintiff was not entitled to maintain the suit for partition of the joint family properties because he had not obtained the previous consent of his father- Defendant No. 14 who was joint with his own father-Defendant No. 1 and his brothers - Defendants Nos 7, 18, 24 and 26. The contention of the defendants was based upon the decision of the Full Bench of the Bombay High Court