Judgement

G. K. MISRA, C.J. :- The disputed properties belonged to one Hadibandhu Moharana who died in 1943 leaving behind Chanda, Dinabandhu and Hemalata who were respectively his widow, son and daughter. Chanda filed a suit for partition in forma pauperis against Dinabandhu and Hemalata. While the pauper application was pending. Dinabandhu died on 2-4-1964. His widow Umasankari (defendant No. 1-ka) and his two daughters Jyoshnarani (defendant No. 1-kha) and Sandhyarani (defendant No. 1-ga) and his son Satchidananda (defendant No. 1-gha) were impleaded as parties in his place. On 4-8-1964 Chanda died. Hemalata was transposed as the plaintiff, paid court-fees on the plaint and the application was numbered as T. S. No. 96 of 1965. On 2-3-1965 Hemalata amended the plaint to bring it in consonance with her claim. It is to be noted that in the original claim Chanda would have been entitled to half interest while Hemalata would have been entitled to 3/10th interest in the total property. On 30-10-1965 the trial Court gave a direction to the plaintiff to file a consolidated plaint incorporating the amendment. Such a plaint was filed on 9-12-1965.

The plaintiff averred that in the ancestral