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2. The relevant facts are required to be stated as under :--

The plaintiff filed a suit for partition and separate possession of his share. It is contended that the plaintiff had purchased the suit house out of the income of ancestral joint family property. The joint Hindu family owned 234 acres of agricultural land and same was subject matter of partition between the plaintiff and defendant and their sons and the property i.e. Agriculture land was partitioned vide registered partition deed dated 14-3-1959. The suit house was not partitioned in between the parties and it is in their joint possession. The plaintiff and defendant are the real brothers. The plaintiff contended that one room out of the suit house is in his possession and rest of the rooms of the suit house are in possession of the defendant. The plaintiff claimed and demanded his half share in the suit house but the defendant refused to give the same and therefore the plaintiff had filed suit for partition and separate possession of his share in the suit house. The defendant resisted the claim of the plaintiff by filing written statement and contended that the suit for partial partition of the properties is not maintainable. He is in exclusive possession of the suit house and the partition deed dated 14-3-1959 was nominal and bogus and it was executed with a view to protect the property of their joint family from the ceiling legislation. The defendant contended that there was no partition at all of any of the properties belonging to the joint family. The defendant further contended that the entire joint family property has not been brought into the common hotchpotch by making partition by metes and bounds and therefore the suit is bad. The defendant contended that the title to the suit house is entered in the name of defendant alone in the year 1936, and thereafter, from 1971-72 the same is transferred in the name of Ambadas who is his son. The defendant has also taken a plea that he has acquired title to the suit house by virtue of adverse possession. The trial Court on the aforesaid pleadings framed the issues and parties adduced evidence on record in support of their contentions. The trial Court on considering evidence and on hearing the parties, had recorded the findings that the suit house is liable to be partitioned, but the suit is bad for not impleading necessary parties and moreover suit for partial partition is not tenable in respect of the isolated property without bringing into the common hotchpotch the entire house property owned by the joint family. He negatived the contention of the defendant that he became owner of the suit house by adverse possession and that the plaintiff has got his half undivided share in the suit house. Consistent with these findings the trial Court dismissed the suit. Being aggrieved by the judgment and decree passed by the trial Court the plaintiff carried appeal to the District Court. The learned Additional District Judge on hearing learned counsel for the parties and on appreciation of the evidence dismissed the appeal. This judgment of the appellate Court is under challenge in this second appeal.

4. He contended that the original defendant Shrawan died during the pendency of this appeal and his legal representatives have been brought on record which are comprised of his widow Indrayani, son Ambadas, another son Prabhakar, third son Dr. Prakash and fourth Bhalchandra. He contended that since the suit house was the only joint family property left by the father of plaintiff and original defendant Shrawan, the plaintiff is entitled for decree of partition of his half share in the suit house. He contended that since this is a suit brought by plaintiff for partition between two branches of the joint family, the head of each of the branch is a party to the suit and therefore it was not necessary to implead the sons of deceased Shrawan for claiming the half share in the suit house. He contended that in the circumstances suit is not bad for non-joinder of necessary parties and suit for partial partition was perfectly maintainable and the concurrent findings of both the Court dismissing the suit of the plaintiff cannot be sustained in Law.

8. Mr. Gilda, the learned counsel contended that since the suit for partial partition was not maintainable, the appellate Court has also rightly dismissed the appeal. In support of these submissions he relied on the decision of Calcutta High Court in the case of Rajendra Kumar Bose v. Broje ndra Kumar Bose AIR 1923 Calcutta 501. He also relied on the decision of the Apex Court in the case of Kenchegowda v. Siddegowda alias Motegowda, .

9. He contended that the suit is bad for want of necessary parties on record. He contended that the defendant Shrawan died during the pendency of the suit leaving behind him widow and four sons but the plaintiff did not implead son of the defendant i.e. Ambadas in whose name mutation entry was recorded in respect of the house properties and therefore the suit for partition without impleading him as a party was not maintainable because Ambadas was a necessary and proper party in view of Order 1, Rule 9 of the Civil Procedure Code. In support of his contentions he placed reliance on the Division Bench decision of this Court in Sitaram Hasabnis and Ors. v. Narayan Hasabnis and Ors. AIR 1943 (30) Bombay 216 cited supra.

14. In Kenchegowda v. Siddegowda, , the Hon'ble Supreme Court held that "when all the joint family properties are not made the subject-matter of the suit, nor the co-sharers have been impleaded, the suit for partial partition is not maintainable,"

15. On resume of the aforesaid authorities it would reveal that the general rule is that all the joint family properties should be brought into common hotchpotch and then seek partition of the same. A member of a joint property suing his coparceners for partition of family property is bound to bring into common hotchpotch the entire joint property in order that there may be complete and final partition of family properties that may be in his possession. The general rule is that initially suit for partition is brought by a corparcener against other coparceners, it should embrace the whole family property but this rule is subject to certain qualifications and exceptions. In the present case it is not in dispute that the plaintiff has filed suit for partition and separate possession of his half share in the suit house, without bringing into common hotchpotch the house property and open plot which are described in the written statement filed by him in Regular Civil Suit No. 85/86. The plaintiff even did not make any reference to these properties in his plaint and simply stated that the agricultural lands were partitioned by the partition deed dated 14-3-1959 between him and his brother Shrawan. It would thus reveal that there was already partition of some of the properties which were the agricultural lands by virtue of the said partition deed dated 14-3-1959.