SAJEEVAN DAS Vs. TIRITH BAI

JUDGEMENT

(1.) This is plaintiffs' second appeal under Section 100 of the Code of Civil Procedure (for short "the CPC") against the judgment and decree dated 17-7-2003 passed by 3rd Additional District Judge, Bemetara, Distt. Durg in Civil Appeal No. 122-A/2003, affirming the judgment and decree dated 31-10-2000 passed by Civil Judge, Class I, Bemetara, District Durg in Civil Suit No. 56-A/98, dismissing the suit.

(2.) The Trial Court, by its judgment and decree dated 31-10-2000, dismissed the suit, holding that defendant Nos. 2 to 5 being the illegitimate children born of void second marriage would inherit the share in the property of Ramdayal @ Ramlal by operation of Section 16 of the Hindu Marriage Act, 1955.

(3.) The plaintiffs preferred first appeal there against. The First Appellate Court, after re-appreciating the entire evidence adduced in the case, affirmed the judgment and decree passed by the Trial Court, leading to filing of this second appeal under Section 100 of the Code of Civil Procedure.