1. This first appeal has been brought by the plaintiff against the judgment and decree of the learned Subordinate Judge 1st Class, Bhatinda, dated May 25, 1964, dismissing his suit.

2. The plaintiff filed a suit for partition of his one-fourth share and separate possession in the properties in dispute situate at various places with the allegations that the parties formerly formed joint Hindu family and that the moveable properties consisting of clothes, cash and ornaments had already been partitioned long before but the immovable properties continued to be joint and had not been partitioned by metes and bounds.

3. The suit was contested by the defendants who pleaded that the partition of the suit properties had already taken place in the year 1992 Bk., during the lifetime of their father Gainda Mal and that a memorandum of that partition containing the detailed list of the properties which fell to the share of each of the parties had also been prepared under the signatures of the parties on May 9, 1950. On the pleadings of the parties following issues were framed :-

1. Whether the suit is within time ?

2. Whether the suit is properly framed for the purposes of court-fee?

3.