1. - This is plaintiffs' first appeal against the judgment and decree passed by the learned Additional District Judge, Dholpur, dismissing the suit for partition filed by the plaintiffs. The case of the plaintiffs is that the defendants owned and possessed joint hindu family property worth Rs. 21 lacs at the time of the institution of the suit, but according to the defendants, in their written statement, a partition had taken place. On the pleadings of the parties the trial court framed the following five Issues:-

"1. Whether the oral partition dated 30.4.61 relating to the moveable properties and partition effected through partition deed. Paper No 33-C/1-8 dated 23.11.61 in respect of the remaining properties of the joint family were not acted upon by the parties. If not, so whether the suit is maintainable ?

2. Whether the suit properties described in Schedule A of the plaint were acquired by Seth Shyamlal with the help of his ancestral nucleous ? If not so, to what effect ?

3. Whether the suit properties have correctly been valued and the court fee paid is sufficient ?

4. What is the effect of the previous litigation which was started by the plaintiff No. 5 Shri Shantilal i