JUDGMENT - Y. S. TAMBE J. :

This application is made by Sampatlal under S. 151 of the Civil Procedure Code for the rehearing of First Appeal No. 39 of 1946 decided by a Division Bench of the then High Court at Nagpur on 30-12-1954. Though it is not so stated in the application, Shri Halve who appears before us for Sampatlal contends that the decision of the Nagpur High Court and the decree made in that appeal were null and void on account of a procedural defect.

(2) It is necessary to set out certain facts in detail. The suit out of which this appeal arises is between the members of two branches of the family which at one time were joint. The following family tree would disclose their relationship;

(See relationship on next pace )

(3) It would be seen that the present applicant was Plaintiff No. 5 to the original suit. It is not disputed before us that Dulichand, Punam-chand, Gulabchand, Mangalchand and Sampatlal formed a joint Hindu family of which Dulichand was the karta during his lifetime. These members of the joint family instituted a suit against the male members of the other branch for the recovery of certain property which was alleged to have been left behind by Jadao Bai. The

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