V. Ramaswami, J.

1. The plaintiffs are the appellants. A suit was filed by them on 8th April, 1975, for reopening a partition already effected on 11th September, 1953, and for partition and separate possession of their share in the properties. The prior partition dated 11th September, 1953, was executed by the three sons of one Krishnaswami Chetty who are defendants 1, 2 and 4 herein and the third defendant who is the wife of the said Krishnaswami Chetty. The plaintiffs are the children of the fourth defendant. The said Krishnaswami Chetty died on 19th December,, 1951, leaving the fourth defendant, the father of the plaintiffs, who is the eldest son, and two other sons, defendants 1 and 2 of whom the second defendant was then a minor represented by his mother and guardian. This suit has been filed more than, three years after the first plaintiff had attained the age of majority. One of the main defences in the suit was that the suit is barred by limitation. The learned Judge has accepted this contention. However, since some of the landed properties situated in some far off villages including a mango grove were not divided, the learned Judge also went into the question whethe