1. It is the defendant’s revision petition filed challenging the order passed by the trial Court, which held neither the suit is hit under Section 9 of the Code of Civil Procedure nor the provisions of the Hindu Succession Act.

2. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

3. O.S.No.167/2008 is filed by Anusuya W/o. Ningappa aged 45 years, against Laxmibai wife of Ningappa who was aged 60 years, on the date of the suit. The plaintiffs case was that Ningappa married Laxmibai, she was his first wife. As he did not have any children through Laxmibai, he married Anasuya, through her also he had no children. In other words, defendant is the first wife plaintiff is the second wife of Ningappa.

4. Ningappa died on 06.11.2007 intestate, issueless therefore, she filed the suit for partition and separate possession of her half share in the suit schedule properties. Which are more particularly described in paragraph No.2 of the plaint on the ground that both the widows have inherited his estate equally.

5. After service of summons, the defendant filed her written statement. She contended that age of the plaintiff is shown