M. Madhavan Nair, J.

1. The appellants are the plaintiffs who sued for repartition of their tarwad after setting aside the prior decrees in partition had in O. S. No. 64 of 1943 on the file of the Sub Court, Mangalore. Ext. A1 dated December 7, 1944, is the preliminary decree and Ext. A2 the final decree dated November 30, 1949, in that prior suit. That suit was instituted by the present six plaintiffs in conjunction with defendants 9 to 14 who arrayed themselves respectively as plaintiffs 2 to 7, 1 and 8 to 12 therein. It is averred that due to the fraudulent machinations of the 10th defendant's husband the 14th defendant who was conceived by the 10th defendant long after the date of the suit was also given a share in the decree Ext. A1, wherefore the present plaintiffs were given only 6/20 share instead of 6/19 legitimately due to them, that the 2nd plaintiff who was insane had no next friend or guardian in that suit and therefore the decree cannot bind him, that the final decree was not in accord with the preliminary decree, that the division of properties by metes and bounds in Ext. A2 was unfair to the plaintiffs, that the direction in the preliminary decree for 1st def