1. This appeal is preferred by defendant - appellant against an appellate judgement and decree affirming the decree of the trial Court passed in an instituted suit of the plaintiff - respondent.

2. We need not recite the facts of this case over again because they are sufficiently stated in the judgement of the appellate court below. Brief outline of the case, however, is that the appellant obtained a declaration and a decree for partition of her 1/3rd share in the disputed properties in a suit brought by her sometime in 1947. The respondent company which took lease of the disputed property from the rest of her co - sharers by different documents executed sometime between 1948 and 1951 during pendency of the partition suit brought subsequently the present suit only against the appellant for setting aside the partition decree and for other reliefs mainly on the ground of fraud and non - joinder of parties. The suit was contested by the appellant and apart from the general denial of material allegation of fraud in the plaint, in her written statement she challenged the maintainability of the suit on the principle of res judicata and lis pendens as also the right and status of the plain