Raj Kishore Prasad, J.

1. This appeal by defendants 2 and 3 arises out of a partition suit. The appeal is from the judgment of the learned Subordinate Judge of Purulia decreeing the plaintiffs suit tor partition in respect of a moiety shave in Schedule I and one-third share in Schedule 2 properties of the plaint.

2. Only two points have been pressed in support of the appeal by Mr. S. K. Sarkar: first, that the plaintiffs share should be one third, and not a half in the Schedule 1 property, and, secondly, that the present suit was barred under Order II rule 2 Sub-rule (2) of the Code of Civil Procedure.

3. For a proper decision of the two points raised to the appeal, it is necessary to state the material facts of the case:

4. There was one Ram Sunder Sao who had two wives, Basudi and Biranchi Kumari. From Basudi, Ram Sundar had four sons, namely, Mahant Ram, who died issueless; Durga Prasad, husband of defendants 1 and 2; Kalicharan, husband of Daulat Kumari, who died issueless before the institution of the present suit and, Devicharan alias Chutu, husband of the plaintiff. Ram Sunder through his wife, Basudi had also two daughters, who are defendants 3 and 4 to the present