4. After registration of the suit, the defendants were noticed. The defendants appeared and filed their written statement. In their written statement, the defendants have pleaded that the suit is not maintainable in the present form as final partition has already been effected years back and dishonestly or maliciously plaintiffs have brought this suit for partition of those properties which are exclusively belonging to defendants and excluded those properties which were allotted to plaintiffs. The case of defendants is also that the suit suffers from non-joinder of necessary parties as their sister Saraswati Devi has not been made party although likewise the plaintiffs have not impleaded state of Bihar as party who is the owner of several landed properties situated in Mauza Kasba and Araji Mokimpur. The defendant has also pointed out that truck No. BRH 1741 and BRH 2425 have been shown in possession of Chhedi Lal, but he was not impleaded as parties in the suit. In para 5 of the written statement, defendants have specifically stated that the suit is liable to be dismissed for not including valuable properties viz. five ancestral buildings and godowns of the parties situated at Rajmahal, K.M. Industries Bagususma, P.O. Gobindpur, District Dhanbad, Transport business run at Gobindpur, about 45 bighas of mineral based land with mining right in Mouza Sobhapur-Mokimpur, Khemanika Minerals, Rajmahal, Stone quarry with one bed, ford Truck, Crusher, Trolley and Trolley line near Tinapahar Station, Keshofulli Colliery at Village Kishofulli, P.S. Barhait, Araji Mokimpur China Clay Mines at Mouza Araji Mokimpur Rajmahal, Kasbha mining corporation at Mouza Kasba Rajmahal, Bank Accounts standing in the name of Manilal Jain, Sahaibganj, Bank accounts standing in the name of Minilal Jain, Sahaibganj, Bank Account with State Bank, Rajmahal standing in the name of plaintiffs No.3 and 4. Besides the landed properties which have since been excluded from the suit properties by amending the plaint. Other original and joint family properties not included in the suit have been described in the list enclosed as a part of the written statement. It has been pleaded for the defendants that the suit is bad for misjoinder of properties or business like Kailash potteries, Saidpur Bujruk China Clay Mines mentioned in Schedule A/3 and sl. No.4 of Schedule A/4 of Plaint, Nimta K. Oil business included in Schedule B/3 and jewelries etc. mentioned in Schedule F of the plaint, which never belonged to the joint family of the parties and are either separate or self acquired properties of defendant No.3 or jointly of defendant Nos.1 and 2 or are stridhan properties of the females of the house of the defendants. The suit is bad
