1. Plaintiff-respondent 1 sued in the lower Court for partition. The relationship between the parties will be seen from the following genealogical tree.

GAMNAJI

Rodba

Sadasheo

Daulat

Bhagwan

Gangaji

d. 23-4-24

d. 29-9-21

Waman deft. 1

Ramchandra deft. 7

Namdeoplff.

Ganpat deft. 2

Krishna deft. 3

Kesheo deft. 4

Anandrao deft. 5

Narayan deft. 6

2. Only one item of the family property is-in dispute in the case, namely an 8 annas share of M. Mangi. According to the plain, tiff this 8 annas is owned by the sons of Bhagwan and Gangaji, each set of sons being interested to the extent of 4 annas. The other 8 annas share is owned by defendant 1. His branch separated long ago and got this 8 annas. Defendant 1 is consequently not directly interested in this suit. But it was necessary to join him because some of the home farm appertaining to the 8 annas in suit lies in his patti and consequently there can be no proper division of the farm of that patti without his presence. According to the plaintiff there was a partition on 2nd April 1924 (Ex. 7 D-1) between Bhagwan and Gangaji but the 8 annas share now in suit was not divided by metes and bounds because litiga