BHAGWAT PRASAD Vs. SUBHADRI BAI

JUDGEMENT

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

(2.) The suit property originally belonged to Jangi. He had three daughters namely, Subhadribai (plaintiff No.1), Nanbai (plaintiff No.2) and Kailasiya Bai (defendant No.1). Two sisters namely, Subhadribai and Nanbai brought a suit for declaring the order of Tahsildar, Bharatpur dated 24.9.96 that mutation order passed in favour of defendant No.1 is null and void as the property has already partitioned vide Ex.P/1 between three sisters and it be declared null and void.

(3.) Defendant No.1 appeared before the trial Court and filed her written statement on 21.1.1998 and thereafter she was regularly appearing through her counsel till 4.4.2002 and on the next date i.e. 8.5.2002 neither she nor her counsel appeared to prosecute the suit and thereafter, evidence of the plaintiffs was recorded and ex-parte judgment and decree was passed on 10.1.2003. In appeal preferred by the defendant, she remained unsuccessful. Feeling aggrieved against the judgment and decree passed by the first appellate Court, this second appeal under Sec. 100 of the Civil Procedure Code has been filed by the defendant, in which substantial question of law has been framed by this Court, which has been set-out in the opening paragraph of this judgment.