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1953 Supreme(Pat) 137

NARAYAN, IMAM
Dhanukha Singh – Appellant
Versus
Saudagar Singh – Respondent


Judgment

Narayan, J.

1. This appeal arises out of a suit for partition. The plaintiff who is the son of one Halkhori Singh sued for the partition of several properties which have been described in four schedules in the plaint. The defendants Nos. 1 to 3 are the sons of the plaintiff, and the defendant No. 4 is the wife of the plaintiff. The defendant No 5 was Ramsaran Singh, another son of Halkhori Singh, who died during the pendency of this appeal. The sons of Ramsaran were impleaded as defendants Nos. 6, 7 & 8 in the action. The defendant No, 9 is the son of Ramkeshwar Singh who was another son of Halkhori Singh, and the defendants Nos. 10 to 12 are the sons of defendant No. 9. Besides these defendants, there are another set of defendants, namely, the defendants third party, and they have been described in the plaint as the co-sharers of the plaintiff and the defendants first and second parties in respect of several properties sought to be partitioned. Khatas Nos. 51 and 52 are included within Schedule No. 3 of the plaint, and partition is sought with regard to these khatas as well.

2. Besides other defendants, the suit was resisted by the defendants Nos. 18 to 21, and their defen
















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