Judgement

G.K. MISRA, C.J. :- The following genealogy as appended to the plaint would show the relationship amongst the plaintiff, defendants 1 to 3 and defendants 4 to 8.

Dinabhandhu and Minei were brothers. Puni Bewa (D-3) is the widow of Hari. Defendant 1, plaintiff and defendant 2 are the sons of defendant 3. Defendants 4 to 8 belong to the branch of Minei. Admittedly the Branches of Dinabandhu and Minei are separate in status.

Plaintiff filed the suit for partition claiming one-sixth share in Schedule B properties consisting of 15.29 acres asserting that they are the joint properties of the two branches of Dinabandhu and Minei. He claimed one-third share in Schedule C properties measuring 3.38 acres alleging that they are the self-acquired properties of the plaintiff and defendants 1 to 3 acquired out of joint family funds and joint effort and exertion of the members irrespective of their being recorded in the names of different members of the family. Schedule D properties are movables in which the plaintiff claims one-third share. Thus in the prayer for partition, plaintiff did not state that his mother, defendant 3, is entitled to a share also.

2. Defendants 1 to 3 filed a join