1. This Second Appeal arises out of a suit for partition instituted by a Nayar widow and two among her three children to recover in their own right and in the right of defendant 7 to the action, the share which one Krishna Pilla' Raman Pillai (hereinafter referred to as Raman Pillai), the husband of plaintiff 1 and the father of plaintiffs 2 and 3 and defendant 7, was entitled to out of his tarwad properties. In O.S. No. 1044 of 1114 on the file of the Kottayam District Munsiffs Court, a brother of the said Raman Pillai had instituted a suit for partition of the tarwad properties and Raman Pillai who was defendant 2 therein, filed a written statement on the first hearing date (19-12-1114) itself claiming his due share (one-seventh) and for a division of the same when the tarwad properties were divided by metes and bounds. However, overlooking that fact and after declaring among other defendants Raman Pillai also ex parte the court passed a preliminary decree in favour of the plaintiff in the suit for the one seventh share claimed by him. The plaintiff thereafter took the necessary steps to have his share divided and got a commission appointed by the court to effect the