Dhananjaya Y Chandrachud, J. - (1.) Leave granted.
(2.) This appeal arises from a judgment and order of the High Court of Jharkhand at Ranchi dated 15/17 July 2018.
(3.) The facts lie in a narrow compass: On 9 May 1985, a partition suit(154/1985) was instituted by Smt. Saroja Rani, daughter of Late Rai Sri Krishna (since deceased), in respect of her 1/4th share in the suit property which comprises of properties at Ranchi and Varanasi. The suit was instituted at Ranchi in the Court of the Special Subordinate Judge. The defendant in that suit (since deceased) filed a petition before the High Court of Judicature at Patna questioning the jurisdiction of the Ranchi Courts. The petition was disposed of by the High Court on 10 May 1989 with the direction that any objection to jurisdiction would be decided by the Special Subordinate Judge at Ranchi as a preliminary issue. A preliminary decree was passed ex-parte on 13 June, 1990 granting the Petitioner her extent of 1/4th share in the schedule property. A final decree was passed on 5 April 1991 confirming the preliminary decree passed on 13 June, 1990. One of the defendants in the partition suit filed a title suit(114/1998) before the Court of Subordinate Judge, Ranchi. On 22 July 2003, the suit was dismissed for non-prosecution. The first respondent filed a title suit(176/2000) before the Court of Subordinate Judge at Varanasi which was dismissed under Order VII, Rule 11 of the CPC on 12 April 2005 on the ground of being barred under Section 21A of the Code of Civil Procedure 1908 ("CPC"). The first respondent filed an application under Order IX Rule 13 in respect of the title suit filed at Ranchi which was also dismissed as withdrawn on 19 February 2008. Since the mother of the appellant was alive when the suit was instituted, the claim was confined to a 1/4th share. During the pendency of the suit, the mother died. As a result, there was a modification in the share of the three sisters at 1/3rd each. On 18 December 2013, the Subordinate Judge at Ranchi passed a supplementary final decree in view of the death of the mother of the appellant and the first respondent on 9 February 1996.;