CHAIN RAM Vs. SHAMSHER SINGH

JUDGEMENT

(1.) HEARD and gone through the record. Respondents Shamsher Singh and Gulab Singh, hereinafter called plaintiffs, filed a suit seeking declaration that the property, described in the plaint, was ancestral property of the parties and they (plaintiffs) were entitled to the entire share of one Madan Singh and 1/5th share each of deceased Murtu Devi and that the property was still joint and no partition had taken place.

(2.) DEFENDANTS contested the suit. They denied the claim of the plaintiffs as regards the extent of their claimed share and also that the property was ancestral and joint. Certain preliminary objections were also raised. A large number of issues were framed by the trial court. Findings on all the material issues were returned against the plaintiffs and consequently the suit was dismissed.

(3.) DEFENDANTS have come in appeal to this court. Their contention is that the judgement of the first appellate court is contrary to the provision of Order 41, Rules 23 and 25 of the Code of Civil Procedure, as interpreted by this court, vide judgement dated 28th August, 2001, delivered in FAO No. 554 of 2000, titled Durga Dass vs. Mathu.