1. - This appeal has been preferred by the plaintiff appellant challenging the Judgment & decree dt. 9.1.1998 passed by the learned ADJ No.2 Jaipur City, )Jaipur in Civil Suit No. 3/95 (Sukh Dev Prasad v. Nathu Lal) whereby, the suit filed by the plaintiff appellant was dismissed.

2. The facts which are relevant for deciding the appeal briefly stated are that the appellant plaintiff filed a civil suit before DJ Jaipur City Jaipur against the defendant respondent seeking the relief of partition of the suit property and permanent injunction restraining the defendant respondent from transferring, alienating, selling or mortgaging the property to anybody else pending the hearing and disposal of the suit.

3. It was pleaded by the plaintiff that he being a minor at the relevant time, through his next friend (Guardian) had filed a civil suit in the Court of Munsif Garbi, Jaipur against late Shri Ram Karan (the father of defendant Nathu Lal) and Smt. Gulli @ Gulab (the natural mother of plaintiff) seeking partition of the property against his brother. While the plaintiff appellant is said to have been borne through Smt. Gulli alias Gulab the natural mother of the plaintiff while th