The Judgment of the Court was delivered by

N.H. BHAGWATI, J.

This is an appeal directed against the judgment and decree passed by the High Court of Judicature at Patna reversing the judgment and decree passed by the Second Subordinate Judge at Arrah dismissing the plaintiffs' suit.

2. Plaintiff 1, Ambika Prasad Pathak and his three brothers, Barmeshwar Nath Pathak, Defendant 1; Mahendra Nath Pathak, Defendant 7 and Paras Nath Pathak, Defendant 9, were members of a joint and undivided Hindu family which owned several movable and immovable properties in Bihar. The immovable properties comprised milkiat lands as also zirait, bakasht and kast lands. Plaintiff 1 separated from his brothers in the year 1344 Fasli i.e. 1937 AD and his case was that there was a partial partition between himself and his brothers of the movable and immovable properties belonging to the family. He however contended that the movable properties mentioned in Schedule A to the plaint comprising inter alia an iron chest in which ornaments of the approximate value of Rs 3265 and several papers were locked up, were not divided and continued joint. He further contended that the immovable properties specified in Schedule