Code of Civil Procedure, 1908–Sec. 96 & Order 23, Rule 1(3)–Suit for
partition and declaration–Dismissed–No evidence to prove that the property shown in Schedule A was the joint property–No material was produced to prove the allegation that B was in mental ill on the day of executing the document Ex. A/4–Withdrawal of earlier suit by B was also binding over theappellants and present suit was barred by resjudicata–Appeal and crossobjections are liable to be dismissed.


