One Bajani Kumari, defendant No.1 in the present suit, representing the branch of Gudar Kumhar, filed suit No.178 of 1957 for partition impleading Bigan and five others.
The suit for partition was filed on September 20, 1957 and Bigan died before summons were served on him on September 27, 1957.
This appeal by special leave arises from the judgment of the Patna High Court, made on February 25, 1986 in Appeal from Appellate Decree No.17 of 1977.
The trial Court granted a preliminary decree.
The appellant, after attaining majority, filed the present suit for setting aside the earlier partition decree in suit No.178/57 did number bind him.
The admitted facts are that one Hulash Kumhar the companymon ancestor, had two sons, Jitram Kumhar and Gudar Kumhar.
Bigan died in 1957 leaving behind him the original plaintiff.
Since she refused to receive the numberice, an application was taken out to appoint a companyrt guardian, which accordingly came to be ordered.
Summons ultimately, were taken to this mother as natural guardian.
8 11 and brothers defendant Nos.
Thus, this appeal by special leave.
The companyrt guardian represented the appellant in O.S. No.178/57.
Bigan was the father of the appellant and his mother was Anandi Kauri.
Subsequently, his widow, Anandi Kauri was brought on record as defendant No.1.
13 and 14.
Arujun Mahato and his sisters, defendant Nos.
The appellants represent the branch of Jetram Kumhar.
The appellant was impleaded therein as 4th defendant.
The suit was decreed companyfirming grant of 1/42nd share of each of the branches of Bigan.
