1. The plaintiff in the suit, out of which this Second Appeal arose, purchased the right of the 3rd defendant, a member of an undivided family consisting of defendants Nos. 1 to 8, in certain lands in court-auction in execution of a decree obtained by him against the 3rd defendent. This suit was instituted in the District Munsif s Court of Namakal, Salem District and was to recover the 3rd defendants one-fourth share in those lands. The contesting defendants pleaded that there were other properties belonging to the family in the District of Coimbatore and in the Native State of Cochin and that the suit for the division of part only of the properties belonging to the family was not maintainable. They pleaded also that there were debts belonging to the family and that no partition could be allowed without making provision for the discharge of those debts. There were also other pleas, viz, that the plaintiffs claim was barred by the rule of res judicata and that the 3rd defendant had relinquished his right in the family property before the plaintiffs purchase. We disallowed these pleas at the hearing and we do not consider it necessary to deal with them further.

2. After the is