UMESH CHANDRA SINGH Vs. RAMESH CHANDRA SINGH

JUDGEMENT

(1.) THE defendant-appellant has challenged the final decree dated 30.05.2003 passed by Sri Ajit Kumar Sinha, the learned 6th Subordinate Judge, Siwan in Title Suit No.31 of 1989.

(2.) IT appears that the plaintiff-respondent filed the aforesaid Title Suit No.31 of 1989 for partition of the suit property to the extent of half share. The said suit was decreed preliminarily. Subsequently, a final decree proceeding was started. A Pleader Commissioner was appointed who after visiting the spot divided the suit property according to the direction in the preliminary Judgment and Decree and submitted his report. The appellant filed an objection to the Pleader Commissioner's report. The learned Court below heard both the parties and by terms of order dated 05.03.2003 rejected the said objection. Against the said order dated 05.03.2003, the defendants filed civil revision before this Court. The said civil revision was dismissed and thereafter by terms of order dated 07.05.2003, the learned Court below confirmed the Pleader Commissioner's report and final decree was prepared subsequently.

(3.) IN view of the above facts, the only points arises for consideration in this Appeal is as to whether the learned Court below has not followed the principles of partition and wrongly confirmed the pleader commissioner's report and Whether the impugned Judgment and final decree are sustainable in the eye of law?