S. K. RAY, C. J.

( 1 ) THIS revision is by the defendant and arises out of a suit for partition which the plaintiff-opposite party sought to carve out his moiety share in the suit-property allotting the balance half to the petitioner.

( 2 ) THE plaintiff's case was that all the ancestral properties of the parties had been partitioned by metes and bounds excepting the suit-property which is the homestead of the parties. The petitioner in his written statement pleaded that the lands set out in Schedule Ka of the written statement were also the joint family property of the parties, and so liable to partition. Since all the joint family properties had not been included in the partition suit, the suit was liable to be dismissed. Accordingly, one issue was framed as to whether the properties given in Schedule Ka of the written statement had been partitioned amongst the members of the family previously and whether all the joint family properties liable to partition, have been brought into hotchpot in the suit.

( 3 ) THE trial court held that the properties in Schedule B of the plaint as well as those in Schedule Ka of the written statement, are liable to partition, since they are joint