JUDGMENT :

1. This is an appeal which arises out of a suit which had been instituted by one Revanamma seeking for partition in respect of certain properties, which were left out in the suit which had been filed by her sister Shantabai for partition in O.S.No.71/2011.

2. The Trial Court took the view that the suit being one for partition, the defendants stood in the same position as plaintiffs and therefore, the bar under Order II Rule 2 of CPC stood attracted as they had not chosen to include the suit property and the earlier suit had already been decided and the appeal was also dismissed. It accordingly proceeded to reject the plaint filed by Revanamma.

3. Being aggrieved, Revanamma preferred an appeal.

4. The Appellate Court, on consideration of the matter also came to the conclusion that though Order II Rule 2 of CPC did not bar the filing of a fresh suit for partition on afresh demand for partition being turned down after the previous suit filed for partition had been dismissed for non inclusion of all the properties, the plaintiff had agitated her right in the previous suit and had not whispered a single word about the left out properties and the suit of the plaintiff was hit by O