Partition–Evidence Act, 1872–Sec. 32–Whether the garage business was the joint business of family–Determination–L himself filed an affidavit on 30.06.2003 in lieu of his examination-in-chief and deposed that he is Karta of Hindu Joint Family–Date of deposition becomes significant–There is no evidence whatsoever of any partition taking place during the lifetime of late L or even thereafter–Statement made by him on oath before a Court of law will bind not only upon himself but also upon his successors-in-interest–It is not open for the defendant nos. 1 to 6 to claim that the affidavit of L should not be used against them as the two suits are entirely different–Further, three plots of business were purchased in the years 1982 and 1983 and the middle plot was in name of the plaintiff–If it had been the intention of L not to have a joint business then he wished to set up his brother independently and he would not have given him the middle plot–Judgment passed by First Appellate Court deserves to be upheld.
