BARMAN, J.

( 1 ) DEFENDANTS 1 to 4 are the appellants. The suit out of which this appeal arises was a suit for partition of joint family properties.

( 2 ) THE parties are members of a family governed by Hindu Mitakshara Law. One bhagaban Biswal had two sons Cheru and defendant No. 1 Manu. In Cheru's branch are his son defendant No. 5 Debadhi; plaintiff No. 1 Lata, wife of Debadhi, and plaintiff No. 2 Jayananda and plaintiff No. 3 Gayadhar who are the sons of debidhi. In Manu's (defendant No. 1) branch are defendant No. 1 Manu himself; manu's son defendant No. 3 Jugal and defendant No. 4 Gurucharan who are sons of defendant 2 Dolgobinda. The plaintiffs claim partition by metes and bounds in respect of A and B Sen. lands into two equal shares and allotment of one share to the plaintiffs and pro forma defendant No. 5. It is said that defendant No. 5 debadhi had previously in 1959 filed a partition suit being T. S. No. 3 of 1959 against defendant No. 1 Manu Biswal in the Court of Munsif, Bonaigarh claiming one half share in the suit properties. In the said suit Defendant No. 1 Manu Biswal had taken a plea that defendant No. 5 Debadhi had been adopted by his (Debadhi's) maternal grand