S.P. BHARGAVA, J.

1. This is plaintiffs' appeal from a judgment and decree of the District Judge, Chhatarpur, in Civil Suit, No. 12 of 1955 of his Court, passed on 25-10-1956.

2 The suit out of which this appeal arises was for a declaration that a decree made in a previous suit s ineffective and illegal against the plaintiffs. No further relief for reallocation of shares of fresh partition was asked for in the present case.

3. Briefly stated, the facts of the case are as follows:-The parties are members of a Hindu family governed by Mitakshara, whose common ancestor was one Bansidhar. The following geneological tree would disclose the relationship between the parties:-

4. After the death of Bansidhar and Shrinandan, Jwalaprasad, a grandson of Bansidhar, instituted a suit for partition against his uncle Choukheylal and his three sons, the legal representatives of his deceased uncle Shrinandan and against his own father and two brothers. This suit was registered as C. S. No. 36 of 1951 in the Court of the District Judge, Naogaon, and was decreed by the trial Court on 27-3-1952. This decree was confirmed on merits on an appeal being taken to the Additional Judicial Commissioner on