JUDGMENT :

This is a Second Appeal by original defendants no.1 to 4 aggrieved by the judgment and decree passed by the lower appellate court reversing the judgment and order passed by the trial court which dismissed the suit filed by respondents no.1 to 8 who are the original plaintiffs, thereby decreeing the suit for partition and separate possession. The respondent nos.9 and 10 are the defendant nos.5 and 6.

2. At the stage of admission, the following substantial questions of law were formulated while directing a notice to be issued to the respondents, by the order dated 01-03-2018:

I. Whether the bar of Order II Rule 2 (3) of Civil Procedure Code attracts when the earlier suit filed for the same relief bearing R.C.S. No.261 of 1985 was withdrawn without seeking leave to file separate suit for the same cause ?

II. Whether the suit filed by the plaintiff was tenable on account of the non-inclusion of all joint family properties?

3. With the consent of both the sides, I have heard the Second Appeal finally on the aforementioned substantial questions and following additional substan