SHANTI DEVI Vs. RAM MOHAN THAKUR

JUDGEMENT

(1.) This civil revision by the plaintiffs is directed against the order dated 18-4-98 in partition suit No. 54/85 by which the Court below namely. 1st Subordinate Judge, Gaya, directed the cross-examination of D.W. 1 by the plaintiff-petitioners and defendant No. 2 to be deleted.

(2.) In order to appreciate the point, the relationship between the parties may first be maintained. One Kishori Mohan Lal had two daughters-Shanti Devi and Shakuntala Devi. While Shanti Devi is plaintiff-petitioner No. 1, Shakuntala is dead and her estate is represented by her husband and two sons, there are opposite party Nos. 1 to 3. Their sons are opposite party Nos. 4 to 13.

(3.) The plaintiff-petitioners filed aforementioned suit for decree of partition to the extent of 16.02 share in the suit property against the defendants. The defendants filed written statement. Except defendant No. 1 Ram Mohan Thakur, other defendants accepted the plaintiffs' case. Thus, defendant-opposite party No. 1 alone is contesting the suit.