1. This appeal takes exception to the judgment and decree dated 6th July, 2012 passed in Regular Civil Suit No. 195/2009 which was confrmed in Regular Civil Appeal No. 229/2012. Parties are referred to by nomenclature in the suit.

2. Plaintiff fled suit for partition and separate possession of 1/3rd share in 2 H land from Gat No. 535. Plaintiff is elder son of defendant No. 1 and brother of defendant No. 2. Defendants No. 2 and 3 are the wife and son of defendant No. 1. It is the case of plaintiff that the suit property is an ancestral property of plaintiff and defendants and that he asked for partition thereof on 1st January, 2009, and since the same was refused, the suit came to be fled.

3. Defendant No. 1 fled written statement wherein it is admitted that the suit property is the ancestral property however, it is claimed that there was already partition in respect of the said property and plaintiff as well as defendants are in possession of their respective shares. It is further averred that the plaintiff has not included all joint family properties in the suit nor has made his sister as a party and hence, tenability of the suit was challenged.

4. After framing of issues,