FERU Vs. FIRAN BAI

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this second appeal preferred by the appellants/defendants is as under:-

(2.) The suit property was originally held by one Brijlal. The plaintiff is daughter of Brijlal. Defendant No.1 is son of Brijlal and defendant No.2 is daughter of Brijlal, whereas defendants No.3 and 4 are sons of defendant No.1. The plaintiff filed a suit that she is entitled for partition and possession over the suit land and order deleting her name from revenue records is unsustainable and bad in law, which was opposed by defendants No.1 to 4 by filing written statement.

(3.) The trial Court upon appreciation of oral and documentary evidence available on record, by its judgment and decree dated 5.2.2003, dismissed the suit. On appeal being preferred by the plaintiff, the first appellate Court allowed the application for amendment and without giving an opportunity to opposite party/defendants No.1 to 4 to file their pleading and adduce evidence, allowed the first appeal, against which, this second appeal under Section 100 of the CPC has been filed by the appellants/defendants, in which one substantial question of law has been formulated, which has been set-out in the opening paragraph of this judgment for sake of completeness.