( 1 ). Suit for partition was filed by this appellant (plaintiff before the trial Court) impleading his two brothers, present respondents (defendants before trial court ). His suit was dismissed vide the impugned judgment dated 3/12/1980. Aggrieved with the dismissal of the suit he challenged the same by way of this appeal, primarily, on the ground that the respondents herein had admitted that the appellant had 1/3 (one third) share in the property in question. In view of this admission coupled with the fact that his father and mother bequeathed the property in his favour it was not necessary for him to implead his sisters as party to that suit. Even otherwise under the Hindu succession Act sisters could not success to the property in question, nor the suit could be dismissed in view of the preliminary decree passed in suit No. 296/64 dated 28/05/1965.

( 2 ). In order to appreciate the challenge, we may have a quick glance to the facts relevant for the decision of this case. That one half share in house no. 2976, Kucha Maidas, Bazar Sitaram, Delhi was owned by prabhu Dayal, grand father of the parties and the remaining one half portion was owned by Shambu Dayal, brother o