Judgment

KRISHNA IYER, J. - This appeal, by certificate, stems from a suit for partition instituted by the widow of a Hindu coparcener who set up a specific case that her husband, who had died in 1930, was entitled to onesixth share in the joint family properties since there had been an earlier partition in 1928.

2. One Rambhajoo Singh, first defendant (now deceased) had two wives. By the first wife he had two sons - the second wife he had three sons, the late husband of the plaintiff (Rameshwar Prasad Singh) and fourth and fifth defendants. The plaintiff, the widow of Rameshwar Prasad, set up the case that she was entitled to a widows estate in her husbands share, which she stated, was one-sixth of the entire family properties, based on her case of a partition in 1928. The defendants contested the case of partition in 1928 and set up a later partition in 1936. If Rameshwar Prasad died in 1930 and there was no prior partition, the present plaintiff would not be entitled to a share and suit would have had to be dismissed. Of course, a minor matter falls to be noticed at this stage. The common ancestor, Rambhajoo Singh, the first defendant, died pendente lite and on that basis under th