Judgement

MISRA, J. :- Both these appeals arise out of Title Suit No. 37 of 1955. One Ram Chandra Das (died in 1921) had three sons - Raghabananda Das (died in 1932), Bhubanananda (original defendant No. 4 and died during the pendency of the suit) and Bichitrananda (defendant No. 5). Suchitra (defendant No. 6) was the widow of Raghabananda and died after the disposal of the suit. On the death of Bhubanananda, his legal representatives were substituted as defendants 4 to 4(e). Raghabananda had three sons - Rashakrushna (defendant 3), Bankim Krishna (defendant-2) and Jagat Krishna (defendant-1) Sarojini (plaintiff-2) was admittedly married to defendant-1 in 1948. Ajit (plaintiff-1) is the son and Madhuchhanda (plaintiff-3) is the daughter of defendant No. 1 through plaintiff No. 2. Madhuchhanda was born in 1953. The plffs. filed this suit in forma pauperis on 23-8-1954 for partition and for maintenance. They aver that Basanti (defendant-7) is the concubine of defendant-1. Defendant-7, Kalyankumar (defcndant-8), Sarat Kumar (defendant No. 9) and Asit Kumar (defendant-10) had not been originally impleaded as parties to the suit. By an amendment, they were made parties on 11-3-1960. The