KUNDANLAL KUNDAN SINGH Vs. SUNDER BAI

JUDGEMENT

(1.) It is a second appeal filed by the defendants under Section 100 of C.P. Code against the judgment and decree, dated 27.04.1984, passed by learned IInd Additional District Judge, Camp Agar, District ' Shajapur, in C.A. No.8-A of 1984, which in turn arises out of Civil Suit No. 19-A of 1979, decided by Civil Judge, Class II, Agar, District - Shajapur, on 23.12.1983. It was admitted for final hearing on following substantial question of law : "Whether on the facts and in the circumstances of the case, the lower appellate court has erred in passing a preliminary decree for partition, when the plaintiff had not sought that relief ?

(2.) Heard Shri ZA Khan, learned counsel for the, appellants and Shri SS Garg, learned counsel for the respondent.

(3.) Having heard the learned counsel for the parties and having perused the record of the case. I am inclined to allow the appeal and while setting aside of the impugned judgment and decree under appeal, remand the case to first appellate court.