Judgement

Appeal from two judgments and decrees of the Judicial Commissioners (July 25, 1912) reversing an order (January 23, 1911) and a judgment and decree (April 8, 1911) of the District Judge of Nagpur.

The appellant was the widow of one Harihar, a member of a joint Hindu family governed by the Benares school of the Mitakshara law. Under circumstances which appear from the judgment of their Lordships, Harihar in 1908 instituted a suit against the other members of the joint family for partition of the joint estate, and for the separate allotment to him of a one-third share thereof. The defendants (the respondents and one Dhundiraj, since deceased) by their written statement admitted the plaintiffs right to a partition and that he was entitled to a one-third share.

On March 9, 1909, the suit came on for hearing before the District Judge, who recorded that the plaintiffs right to partition and the extent of his share were not denied ; he, however, adjourned the case for the attendance of the parties in order to determine how the actual partition should be effected. Further adjournments took place in order that the parties might come to an agreement. Meanwhile, on June 17, 1909, Ha