NARAD SAO Vs. OMPRAKASH SAO

JUDGEMENT

(1.) THE original defendant nos. 1 to 7 had filed the First Appeal against the judgment and decree dated 11.02.1967 passed by the learned 2nd Additional Subordinate Judge, Chapra in Title Suit No. 30 of 1959/16 of 1960 whereby the trial court decreed in part the plaintiffs suit for partition.

(2.) THE plaintiffs -respondents have filed a cross -objection under Order 41 Rule 22 C.P.C. against that part of the decree whereby the claim of the plaintiffs has been rejected.

(3.) AFTER death of defendant no. 15, the plaintiff claimed that her two sons are entitled to her 1/5th share. Because the plaintiff has spent and performed the shradh of defendant no. 15 and the defendant no. 8 did not pay anything, he is also not entitled to any share unless he paid the half expenditure incurred by the plaintiff no. 1, therefore, the plaintiff claimed by amendment 2/5th share in the entire suit land.