Partition–First Appeal–Maintainability–Appellant was impleaded in the suit through the application under Order 1, Rule 10–She filed the joint written statement with defendant no. 1–Admission of defendant no. 1 that the plaintiff should be given 1/5 share of the property–She never raised the objection against this application–After the decree of the suit, she filed the joint first appeal with defendant no. 1–She withdrew the appeal but subsequently, she was impleaded as the respondent-party in that appeal and ultimately the appeal was dismissed–Whether the instant appeal filed by her is maintainable ?–Held, no–She was fully aware of the earlier appeal, and judgment passed therein–It was open for her to file this appeal when the earlier appeal was pending and also tag this appeal with that appeal–Suit is for partition and all the parties to the suit are plaintiffs and defendants, and once a decree for partition has been passed and has been affirmed by the First Appellate Court, all the parties would be definitely bound by the same–Further, no law permits for two inconsistent decrees–Appeal deserves to be dismissed.
