SINHA, J. :- This is an appeal from a judgment of Das, J., dated 12-8-1948 dismissing the plffs suit for a declaration that the decree and order made in suit No. 1676 of 1941 (hereinafter referred to as the said suit) are invalid and void, for setting aside the said decree and order and for other reliefs.

2. The relationship of the parties will appear from the following genealogical table :

3. The said suit was instituted by Hiralal Dhandhania and his three infant sons against Choteylal and his infant son Tulsidas and one Bhagwatiprasad. It was alleged in the plaint that plffs. formed a Hindu joint family governed by the Mitakshara School of Hindu Law, and the deft. Choteylal and his son Tulsidas formed a joint Hindu family, the deft. Bhagwatiprasad having separated from Choteylal. The plffs. asked for a declaration of their half share in the immoveable properties mentioned in the schedule to the plaint and for partition and separate possession. Bhagwatiprasad in his written statement stated that he, along with his two infant sons, was entitled to a one-third of halt share or one-sixth share in the properties and claimed separate allotment and possession in respect of his sa