In Brief
Respondents filed a partition suit concerning ancestral property inherited through a deceased female owner (Shakuntalabai). Appellants raised two defences: that the suit was time-barred under Article 65(b) of the Limitation Act as being filed over 12 years after the female's death, and that it was barred by Order II Rule 2 CPC as omitting a relief from an earlier suit. The Supreme Court dismissed the appeal, holding Article 65(b) applies only when heirs claim independently of the female, not through her inheritance. Since Shakuntalabai was the absolute owner and appellants failed to prove adverse possession (all three courts found joint possession), limitation did not commence from her death. The Court also held the partition suit had a different cause of action from the earlier declaration suit, hence not barred by Order II Rule 2.
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