Judgement

ORDER:- Both the Civil Revisions will be disposed of by this common judgment.

2. In order to appreciate the facts, it is necessary to refer to the following genealogical table as given in the plaint:

3. Gurubari, the widow of Brahmananda filed Title Suit No. 39 of 1961 for partition of her share in the undivided joint family properties. Defendant No. 2 filed written statement claiming himself to be the adopted son of late Brahmananda. Defendants 1, 3 and 4 supported the claim of defendant No. 2. All these defendants pleaded pre-partition. On 5-12-1963 a preliminary decree for partition was passed on the finding that defendant No. 2 was not the adopted son of Brahmananda. On 13-8-1964 the plaintiff applied for making the decree final. During the pendency of the final decree proceedings the plaintiff died on 9-3-1972. On 17-4-1972 defendant No. 7 Sitaram Beura, who is the petitioner in these Civil Revisions, applied for being substituted in place of the deceased plaintiff claiming himself to be the son of the deceased plaintiff. On 25-4-1972 his prayer was allowed and he was substituted as plaintiff. On 10-5-1972 Sunamani Dei, the sister of defendant No. 2 Pranakrushna applie