( 1 ) IN so far as the preliminary issue directed to be heard by this Court s order dated 16th March, 1999 is concerned whether a son can file a suit for partition of HUF property during the life-time of his father, the learned Counsel for the plaintiff has relied upon a judgment of the Hon^ble Division Bench of Court which is reported as Nanak Chand and Ors. v. Chander Kishore and Ors. , AIR 1982 Delhi 520 wherein it has been held as follows:

"the other contention that came up for consideration was whether in the lifetime of the father, the sons could ask for partition or not. At one time a view was prevalent that in Delhi like Punjab they could not do so. It was based upon some custom, vide Hari Kishan v. Chadu Lal, AIR 1918 Lah. 291 (FB) and Sri Ram v. Collector, AIR 1942 Lah. 173. But since the decision of this Court of 26. 10. 1967 in Khushwant Rai v. Dr. Jagmohan Lal, RFA 1-D/59 and 24-D of 1959, it is now no more in controversy that the son can ask for partition from the father during his life-time. We do not, therefore, propose to dilate any more on this issue. "

( 2 ) THE aforesaid decision of the Division Bench of this Court binds this Court. Mr. Sun, the learned Counsel, a

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