PRABHUDAYAL Vs. RAMSIYA

JUDGEMENT

(1.) THIS first appeal under section 96 of the Code of Civil Procedure, 1908 has been preferred by defendant No. 1 assailing the judgment and decree dated 14th December, 2001 passed by learned 1st additional District Judge, Raisen in Civil suit No. 17-A/2000 partly decreeing the suit of plaintiff/respondent No. 1.

(2.) THE facts leading to this first appeal are narrated in detail in paras 2 to 10 of the judgment passed by this Court on 10-4-2007 when this first appeal was decided and allowed in part in terms of para 25 of the judgment. Thereafter, appellants who are the LRs of defendant No. 1 as well as plaintiff/respondent No. 1 filed review applications which were registered as M. C. C. No. 1393/ 2007 and MCC No. 1339/2007 respectively. Review application MCC No. 1393/2007 which was filed by legal representatives of defendant No. 1 was in regard to certain typographical errors and accordingly the said review application (MCC No. 1393/2007 was allowed on 8-1-2008 and disposed of with a direction mentioned in para 4 of the said order which reads thus :

(3.) REVIEW application (MCC No. 1339/ 2007) which was filed by plaintiff Smt. Ramsiya was also allowed since the amended provision of Section 6 of Hindu Succession apt, 1956 (in short the 'act') vis-a-vis to section 23 of the Act was not taken into consideration and the said review application of plaintiff Ramsiya was also allowed and this first appeal was kept open for a limited purpose only. It would be relevant to quote paras 8, 9 and 10 of the order dated 8-1- 2008 passed in the review application which reads thus :