Legal representatives of the plaintiff in O.S. No.135 of 1976, on the file of Additional District Munsif s Court, Kuzhithurai, are the appellants.

2. The suit was one for partition. The following averments were made in the plaint: One Abdur Rahman had three children, viz., defendants 1 and 2 the plaintiff. In the entire survey number, he had 1/12th share, and on his death, it devolved on the original plaintiff and defendants 1 and 2. There was a suit for partition in O.S. No.310 of 1960, on the file of the District Munsif’ s Court, Kuzhithurai. That suit was filed by the other co-owners in the survey number with defendants 1 and 2 as legal representatives of Abdur Rahman. Defendants 1 and 2 herein were defendants 32 and 33 in that case.

3. Towards l/12th share, plaint property was allotted and the same was taken by defendants 1 and 2 on behalf of the plaintiff and other legal heirs of Abdur Rahman. It is also said that on 112. 1116 M.E. there was a partition between defendants 1 and 2, plaintiff and the widow of Abdur Rahman, and the plaint item was not included therein. It was said that in case there was any property available, that belonged to Abdur Rahman, the same m