Vepa Ramesam, J.

1. The facts out of which this second appeal arises may be thus stated. One Ali Saheb died on 20th February, 1912, leaving him surviving his widow Kathu Bibi and three daughters, Rahimat Bibi, Asmath Bibi (1st defendant) and San Bibi (the plaintiff). The record does not show when Rahimat Bibi died but it is immaterial. Her son is the 5th defendant. The plaintiff brought this suit for partition and recovery of her share of her fathers properties alleging that the 2nd defendant, husband of her sister Rahimat Bibi, trespassed upon the properties in 1917. The suit was originally filed in the District Munsifs Court of Udumalpet on the 24th July, 1918. On 20th October, 1919, the Mansif returned the plaint for amendment on the ground that it was bad for partial partition. The plaint was represented in the same Munsifs Court on 20th February, 1924, with the old Court fees plus some additional Court-fees and with some amendments. The District Munsif again returned the plaint on 28th October, 1924, for presentation to the proper Court. The next day, i.e., 29th October, 1924, it was filed before the Subordinate Judge of Coimbatore by whom it was tried and decreed. Ther