Subhro Kamal Mukerjee - (1.) This is an appeal by the plaintiffs against an order of remand passed by the lower appellate Court remanding the suit back to the learned trial Judge for fresh trial.
(2.) Title Suit No. 152 of 1976 was instituted by the plaintiffs in the Court of the learned Subordinate Judge, Bankura, which was eventually transferred to the Court of the learned Assistant District Judge, Additional Court at Bankura, District Bankura and was renumbered as Title Suit No. 13 of 1986 in the said Court. The suit was for partition alleging that the plaintiffs have 5 annas, 6 gandas, 2 karas and 2 kranti share in respect of suit properties.
(3.) The said suit was contested by the defendant Nos. 1, 2 and 3 contending, inter alia, that the plaintiffs were never the co-sharers in respect of suit properties and as such the suit was liable to be dismissed.;