Code of Civil Procedure, 1908–Sec. 11, Order 14, Rule 5–Indian Succession Act, 1925–Sec. 325–Application for deleting the issue–Rejection of–Appreciation–Suit for partition–Ground of petitioner that in the earlier proceedings u/s. 372, respondents were declined to be declared the daughters of
deceased–Therefore, the same issue would have effect of resjudicata–Whether the plea can be accepted?–Held, no–Current proceedings are regular suit whereas the earlier proceedings were limited to Sec. 372.
