SARLA DEVI AND ORS Vs. RAMSAHAI AND ORS

JUDGEMENT

(1.) By order dated 25.10.2013 notices were directed to be issued to the respondents for final disposal and the respondents have been served. Mr. S.Saruparia, learned counsel appears on behalf of respondent Nos.1 and 2.

(2.) Heard learned counsel for the parties.

(3.) This appeal is directed against judgment dated 25.07.2013 passed by Additional District Judge No.2, Bhilwara, whereby, the suit filed by the appellants for partition has been dismissed exercising powers under Order VII, Rule 11(d) CPC. The appellants have also questioned the validity of order dated 28.05.2013 passed by the trial court during pendency of the suit. Facts in brief may be noticed thus: the appellants-plaintiffs filed a suit for partition, inter alia, with the averments that they were legal representatives of Prahalad Rai and said Prahalad Rai, Ram Sahay, Ram Rai and Rameshwar Lal were co-sharers of the suit properties, wherein, Prahalad Rai, Ram Sahay and Ram Rai2 had half share and half share belong to Rameshwar Lal; the appellants sought partition of the suit properties by metes and bounds.