MATHUR, C.J. :- This revision arises out of Suit No. 151 of 1965 instituted by Smt. Janki Devi in the Kanpur courts in respect of properties situate not only in Kanpur but also in other districts over which the Civil Judge of Kanpur has no territorial jurisdiction. One of the objections raised to the trial of the suit was about the mis-joinder of causes of action and mis-joinder of the parties. Issue No. 8 framed in this connection is as below:-

"Is the suit bad for multifarious ness?" The learned Civil Judge recorded a finding that the suit was bad for mis-joinder of parties and causes of action and directed the plaintiff to remove the defects within 15 days.

2. The material facts of the case are that Ram Swarup and his brother Nanhu Mal carried on business jointly at Rangoon and acquired many properties. Nanhu Mal died in 1922 leaving behind his widow Smt. Kalawati. It is said that after the death of Nanhu Mal, Ram swarup managed the property with the consent of the widow Smt. Kalawati. Ram Swarup died issueless in 1938 leaving behind his widow Smt. Indra Devi. Thereafter, the nephew of Ram Swarup and Nanhu Mal, namely, the sons of another deceased brother Dwarika Prasad,