REWA PRASAD Vs. AMSA BAI

JUDGEMENT

(1.) This appeal is directed against the order passed by the learned Single Judge in First Appeal No. 343/1995 dated 22-9-2001 by which Judgment and decree passed by 9th Additional District Judge, Jabalpur in Civil Suit No. 199-A/95 was affirmed.

(2.) Plaintiff/respondent filed a suit claiming l/3rd share in the Joint Family property. The suit was decreed and the plea of defendant, that there was already a partition on 24-11-1952 was negatived and a decree for partition passed.

(3.) Shri Alok Aradhe. learned counsel appearing for the appellant, has contended that the defendant-appellant has not been given due opportunity to adduce the evidence and suit has wrongly been decreed in spite of registered partition deed dated 24-11-1952.