As per case facts, the original suit for partition and separate possession was decreed by the Trial Court but later dismissed by the First Appellate Court, which held the suit ... barred by res judicata due to a prior arbitration award proceeding's dismissal and by limitation. The current appeal challenges this dismissal. The question arose whether the suit was barred by res judicata because an earlier arbitration award proceeding was dismissed for non-compliance with stamp duty, and if the suit was barred by limitation, given admissions of joint property until 1968. Finally, the court ruled that res judicata did not apply as the prior suit was not dismissed on merits, and partition is a recurring right. It also held the suit was within limitation due to defendant's admission of plaintiff's right until 1968, making the First Appellate Court's findings unsustainable. The Second Appeal was allowed, confirming the Trial Court's partition decree.