ORDER

1. This appeal by special leave arises from the judgment of the Patna High Court, made on 25-2-1986 in appeal from Appellate Decree No. 17 of 1977.

2. The admitted facts are that one Hulash Kumhar, the common ancestor had two sons, Jitram Kumhar and Gudar Kumhar. The appellants represent the branch of Jitram Kumhar and the respondent represented the branch of Gudar Kumhar. Bigan was the father of the appellant and his mother was Anandi Kauri. Bigan died in 1957 leaving behind him the original plaintiff, Arujun Mahato and his sisters, Defendants 8-11 and brothers Defendants 13 and 14. One Bajani Kumari, Defendant 1 in the present suit, representing the branch of Gudar Kumhar, filed Suit No. 178 of 1957 for partition impleading Bigan and five others. The suit for partition was filed on 20-9-1957 and Bigan died before summons were served on him on 27-9-1957. Subsequently, his widow, Anandi Kauri was brought on record as Defendant 1. The appellant was impleaded therein as 4th defendant. Summons, ultimately, were taken to his mother as natural guardian. Since she refused to receive the notice, an application was taken out to appoint a court guardian, which accordingly came to be o