Full Judgment
24. 1-2012 The learned counsel appearing on behalf of the appellants submits that appellant no.1, Most. Manwa Devi, wife of the original plaintiff and substituted as one of his heirs, has died during the pendency of this appeal but all her heirs and legal representatives are already on record as appellant nos. 2 to 4. The learned counsel for the respondents has no objection. In this view of the matter, the name of appellant no.1, Most. Manwa Devi, is struck off from the records of this appeal. This appeal will be heard. Admit. The following substantial questions of law arise for consideration in this appeal: (1) Whether the judgment of the appellate court relying solely on the basis of Ext.4 and deposition of P.W.7 in reversing the judgment of the trial court which has been passed after considering the entire documentary and oral evidence of the parties, can be sustained in law? (2) Whether is it necessary for the plaintiff in the suit for partition to challenge separately seeking the relief against the alienation made by the Karta and if so, 2 whether the suit of the plaintiff in absence of such relief is maintainable or not? Call for the lower court records. Issue notice to the non-appearing respondents for which the appellants must file requisites, both under registered cover as well as ordinary process within two weeks, failing which the appeal as against the respondents shall stand dismissed without further reference to the bench. ( V. Nath, J.)