upheld. Thereafter on the 10th May, 1938 the plaintiff of the previous partition suit, who is one of the defendants here, applied for final decree ... previous partition suit, could be the subject-matter of a fresh partition suit. It was held that the subsequent partition suit was maintainable in respect
heavily upon the person who asserts that there was a previous partition is to prove the same to the satisfaction of the Court. In this ... were previously partitioned or not, we are of the view that the onus being upon Achutananda to prove that there was previous partition
said written statement, the aforementioned defendants categorically raised a plea of previous partition. Another written statement was filed by the defendant ... alleged by the concerned parties?
7. Whether the plea of previous partition, as alleged by defendant Nos. 4 to 6, is true?
8. Whether
decree. Subsequently, however, on 9-3-60 the plaintiff of the previous partition suit, Satya Narayan Gupta filed a Money Suit in the City Civil ... resjudicata and that till the final decree was passed in the previous partition suit, the parties lived in joint mess and the defendants were under
allegation of defendants 1 to 3 regarding previous partition true?
No. 8: When did Karu Singh die?
No. 9: Are the plaintiffs entitled ... joinder of parties: (ii) there was no previous partition: (iii) Karu Singh died on the 17th April, 1941: and (iv) the plaintiffs adduced no evidence
suit is bad for defect of parties?
IV. Whether there was previous partition of the joint family
Patna High Court ... Court. Partition does not always mean
partition by metes and bound. Mere attention to severe may
also constitute partition and thus the Trial Court
Substantial defence of Lachhuman Singh was that there was a previous partition of the property by metes and bounds as a result of an award ... this stage. On the question as to whether there was a previous partition, the learned Subordinate Judge found that the award on which the appellant
inter alia contended by the defendant that there was a previous partition. The said suit was decreed on a finding that there was an amicable ... case, the learned Subordinate Judge held that there was no previous partition as though the plaintiffs had a half share and the defendant
been decided by metes and bounds. The defendant-petitioners placed a previous partition since 1960-61 to defeat the plaintiff's suit. In view ... plea of the defendants that there was a previous partition, the learned Subordinate Judge called upon the defendants to begin. The plaintiff's plea
contended by filing an additional written statement that there was a previous partition between the parties during the life time of Sashibhusan and both ... suits :--
Title Suit No. 50 of 1968 :
1. Was there any previous partition?
2. Is the deed dated 4-1-68 in favour
