The Plaintiff in OS.No.46 of 2004, who suffered an order of dismissal of the suit by judgment and decree dated 28.12.2004, is the Appellant herein.

2. The suit had been filed, seeking partition of 1/9th share in the suit property, division of metes and bounds and allotment of separate possession of the said share and for costs of the suit.

3. It is the case of the Plaintiff that her father Subba Reddiar was possessed of ancestral properties. The Plaintiff is the daughter. The 1st Defendant is the son of Subba Reddiar. The Defendants 2 to 5 are the legal heirs of another son Ponram Reddiar. Subba Reddiar died in the year 1963 and the mother of the Plaintiff Lakshmi Ammal died in 1997. On the death of Subba Reddiar, his legal heirs were his widow Lakshmi Ammal, the Plaintiff Mutha @ Kamalaveni Ammal, the 1st Defendant Narayanasamy Reddiar and another son Ponram Reddiar. During his life time, Subba Reddiar and his two sons, Narayanasamy Reddiar and Ponram Reddiar were coparceners, each entitled to 1/3rd share in the suit properties.

4. It is the further case of the Plaintiff that on the death of Subba reddiar, his 1/3rd share further devolved on his legal heirs, namely, his wi