Judgement

Appeal (No. 4 of 1923) from an Order of the High Court (June 8, 1924) reversing an Order of the Subordinate Judge of Ranchi.

The facts material to the question of procedure raised by the appeal, and the decisions thereon by the Courts in India, appear from the judgment of the Judicial Committee.

1924. June 24. E. B. Raikes for the appellants referred to Order xvii., rr. 2, 3 ; Order ix., rr. 3, 8; Government of India Act, 1915, s. 107; and Amir Hassan Khan v. Sheo Baksh Singh. (( 1884) L. R. 11 I. A. 237.) Dube for the first respondent was not called upon.

July 10. The judgment of their Lordships was delivered by

LORD PHILLIMORE. This is a suit for partition brought in 1913 by the youngest of a family of brothers against two of his brothers and the children of a third brother.

The eldest brother of all was omitted from the suit, because it was suggested that he was already separate in estate. The original defendants, however, disputed this; and he was at their instance made a defendant party.

At the hearing the Subordinate Judge took the view that he was separate and dismissed him from the suit.

Appeal was thereupon taken to the High Court at Patna, and ultimately the fol