( 1 ) THIS is an appeal filed by the appellant-plaintiff from a judgment and order of the Joint Civil Judge ( Senior Division ) Surat dismissing a suit being Civil Suit No. 5 of 1957 filed by him in the Court of the Civil Judge ( Senior Division ) at Surat.

( 2 ) TO appreciate the points arising for determination in this appeal it is necessary to state a few facts. The suit related to the properties of the family of one Vallabhbhai Khandubhai. Vallabhbhai Khandubhai had three sons and several grand-children and great-grand-children. At one time this family was a joint and undivided Hindu family. This family acquired diverse movable and immovable properties and ventured upon several businesses in several commodities. The plaintiff is one of the great-grand-children of Vallabhbhai Khandubhai. On January 22 1957 the plaintiff filed the above mentioned suit against his grand-father his father his uncles his grand-uncles cousins and others. At present we will merely describe this suit as a suit for a partition of the properties belonging to this family because the nature of this suit is in dispute between the parties the dispute being that on the one hand it is contended b