Jogendra Nath Mukerji vs Jugobundhu Mukerji and Another by their Mother and Guardian, Nistarini Dabi and Others

W. Comer Petheram, C.J.—Another question that arises is, whether a suit of this kind must be dismissed because it appears that the plaintiff has sought to partition only a portion of the joint property. It is a point upon which I should have thought there was room for doubt, but looking at the authorities I find that the authorities are in favour of such a suit being absolutely dismissed because it cannot be brought in that form, and therefore it seems to me we are bound to follow those authorities and to dismiss this appeal; but in dismissing it we make this addition that we reserve to the plaintiff liberty to bring a fresh suit for the partition of this property bringing in the whole of the family property. The appeal is dismissed with costs.