RADHE SHYAM SHARMA Vs. ARUN SHARMA

JUDGEMENT

(1.) Defendant Nos.1 and 2 are in appeal against the order of remand under Order XLI Rule 23 of the CPC by which the judgment and decree passed by the trial Court has been set aside in Civil Appeal No. 07 of 2019 and the matter was remanded to the trial Court for passing order afresh.

(2.) Plaintiff/respondent filed the suit for partition impleading his brothers namely, Radhey Shyam Sharma, Amar Nath Sharma and sisters namely Pushpa Devi Sharma, Yamuna Devi Sharma for 1/5th share in the schedule property.

(3.) Yamuna Devi Sharma died and her heirs and descendants were impleaded in the suit in terms of Order I Rule 10 of the CPC as necessary parties.