D.P.S. Chauhan, J.

The present second appeal at the instance of Defendant No. 2, Chitharu in Suit No. 192 of 1968, arises against the judgment and decree dated 23-8-1986 in Civil Appeal No. 28 of 1986, which was directed against the judgment and decree dated 4-12-1985 in the aforesaid suit, was admitted by this Court on the following questions of law:

1. Whether the trial of suit under Order 17 Rule 3, Code of Civil Procedure, was justified?

2. Whether Order 17 Rule 3, CPC is not applicable in the present case?

2. Since the controversy involved in the present second appeal is in a narrow compass, therefore, it is not necessary to give all the details. The brief facts of the case are that the house in dispute originally was the property belonging to joint Hindu family constituted of Sri Pashupati Nath Gupta, the Plaintiff and Defendants No. 2 to 7 which Sri Sri Nath Gupta, Defendant No. 2, was the Karta. who, in the capacity of Karta, let out the house in dispute to the Defendant No. I. There had been a partition in the joint Hindu family by means of a suit No. 302 of 1963 filed by the Defendant No. 3, Sri Brij Nath Gupta, which was decided in terms of a compromise on 17-11-19