JUDGMENT

This is an appeal preferred against the judgment and decree in O.S. 326/97 of the Subordinate Judge, Kozhikode. The suit is one for partition. The suit is field by one of the son of Sarojini Amma who is the 5th defendant in the suit for re-opening the partition deed executed in the year 1973 on the ground that it is vitiated by fraud, inequity and not properly represented and so the partition has to be redone in accordance with law. The brief facts necessary for the disposal of the appeal are as follows:

2. Admittedly the property belonged to the tavazhi consisting of the plaintiff and defendants 1 to 12. The common ancestor was one Kavu Amma and she had three children namely Narayani Amma, Ukkappan Nair and Koman Nair. Defendants 2 to 6 and deceased Madhavan Nair are the children of D1 Narayani Amma. The plaintiff and defendants 7 to 11 are the children of the 5th defendant Sarojini Amma. D12 is the son of the D6. On account of the contention raised subsequently supplemental defendants D13 to D17 had also been impleaded. It is the case of the plaintiff that the partition executed on 11.6.1973 is unequal and vitiated and further the minors were not represented by their natu