JUDGMENT :- This is a suit in which the plaintiff seeks to reopen a previous partition effected in 1920. The properties in suit along with a number of other properties belonged to one Dwarkanath Ghose. Dwarkanath Ghose died in 1892 after having published a will. By his will Dwarkanath created an absolute defaulter in respect of two of his properties, namely, premises No. 40/1 and No. 41 Grey Street and bequeath the rest to his two sons Rajendra and Jogendra in equal share. Rajendra predeceased his father after having published a will. By his will, Rajendra appointed his brother Jogendra as the executor and bequeathed his properties to his four sons in equal shares subject to the payment of an excess amount to his youngest son Nagendra. His other sons are, Sidheswar, Bhupendra and Jnanendra. Jogendra applied for and obtained probate both of the will of his father Dwarkanath and of the will of his elder brother Rajendra. On 4-9-1909, Bhupendra, Jnanendra and Nagendra the three sons of Rajendra then alive instituted a suit in this Court against Jogendra and others for construction of the wills of Dwarkanath and Rajendra and for partition. This was suit No. 969 of 1909. This suit ended

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