PRASENJIT MANDAL, J. - (1.) THIS second appeal is at the instance of the plaintiffs and is directed against the judgment and decree dated July 25, 2005 passed by the learned District Judge, Dakshin Dinajpur in O.C. Appeal No.14 of 2004 thereby reversing the judgment and decree dated January 28, 2004 passed by the learned Civil Judge (Junior Division), Gangarampur in a partition suit being no.107 of 2002. The learned 1st Appellate Court has reversed the judgment and decree passed by the learned Trial Judge by the impugned judgment and decree.
(2.) THE plaintiffs/appellants herein filed the said suit for partition and other consequential reliefs. The defendants/respondents herein are contesting the said suit by filing a written statement denying the material allegations raised in the plaint. Upon consideration of the evidence on record, the learned Trial Judge has decreed the suit for partition in the preliminary form declaring the share of the plaintiffs and the defendant no.1 in the suit roperties. Being aggrieved, the defendants preferred an appeal which was allowed by the learned 1st Appellate Court thereby setting aside the judgment and decree of partition.
(3.) AT the time of admission of the second appeal, the following substantial question of law has been framed for decision: - ''Whether the first Appellate Court committed substantial error in law in reversing the judgment and decree of the Learned trial Court. '' ;