K. Sreedhar Rao, J.—The appeal filed against the order of the rejection of plaint on I.A. No. III in O.S. No. 1151 of 1999 on the file of the XXII Additional City Civil Judge, Bangalore. The appellant is the Plaintiff in the trial Court filed the suit for partition and possession. It is the contention in the plaint that the suit properties are the joint family property. One Subbaiah Shetty propositus, father of the Plaintiff and the Defendants No. 2 to 3 and husband of Defendant No. 4 left behind the suit properties and after his demise there were negotiations for settlement at panchayat. Eventually oral partition also took place later on memorandum of partition was prepared in accordance with the terms of the oral partition. The original of the deed of memorandum of partition is said to have been withheld by the 4th Defendant and she was not agreeable for effecting the terms of the oral partition. Under the circumstances, the Plaintiff filed the suit seeking partition of his share in the suit properties.

2. The Defendant No. 1 is the brother of the Plaintiff, Defendants No. 2 and 3 are the sisters of the Plaintiff and Defendant No. 4 is the Mother of the Plaintiff. Except t