MANGI BAI Vs. KANKU AND ORS.

JUDGEMENT

(1.) THIS first appeal under Section 96 CPC is laid on behalf of the appellant -defendant No. 1 to challenge impugned judgment and decree dated 30th May, 2009 passed by the learned Additional District Judge No. 1, Bhilwara, whereby the learned Court below passed preliminary decree for partition and restrained the defendants by permanent injunction not to alienate or transfer the house, nohra and agricultural land to any other person till partition of the property by metes and bounds in favour of plaintiff and against defendant No. 1 while demarcating respective shares of all the parties.

(2.) THE appeal is filed after delay of 600 days, therefore, appellant has also moved an application under Section 5 of the Limitation Act for condonation of delay.

(3.) WELL it is true that a litigant cannot be made to suffer on account of omissions of a lawyer but some proof is required to be given that how and in what manner advocate was negligent in discharging its professional obligation.