JUDGMENT :- The plaintiff is in appeal against the judgment and decree of the learned Subordinate Judge of Berhampur, dismissing his suit for partition and allotment of one-fourth share of the disputed properties.

2. The plaintiff claimed that his elder brother Ipilly Rangayya was the manager of the Joint family and had advanced a loan to defendant No. 1. On the death of his brother Rangayya, the entire joint family property came to be managed by the Plaintiff. He instituted a suit against defendant No. 1 and obtained a decree from the Court of the Subordinate Judge, Berhampur. For satisfaction of that decree the undivided one-fourth interest of the defendant No. 1 in the disputed properties was purchased by him under two sale certificates. The plaintiff took symbolical delivery of possession of the disputed properties on 10th October 1951. Thereafter, he instituted the present suit on 10th October 1963 for partition.

3. Of the six defendants five excepting the defendant No. 3 filed a joint written statement. They contended that the decree in the earlier suit was not binding on them and the suit was barred by limitation.

4. The learned Trial Judge framed five issues. The parties dispe