Bhattacharya, J. - (1.) This first appeal is at the instance of some of the defendants in a suit for partition and is directed against the Judgment and Decree dated 27th August, 1977 passed by the learned Sub-ordinate Judge, Purulia in Title Suit No. 33 of 1965 thereby passing a final decree in a partition suit after accepting Commissioner's report.
(2.) Mr. Mukherjee, the learned Advocate appearing on behalf of the appellants has at the very outset raised a preliminary objection contending that this Court at this stage cannot take up hearing of this appeal as the appeal is not ready as regards service.
(3.) According to Mr. Mukherjee, a Division Bench of this Court by order dated February 6, 2004 having allowed not only an application for addition of parties but also another application for substitution being CAN No. 1774 of 2004, the added persons and the substituted heirs are required to be served with the notice of this appeal and so long those additional parties are not served, this appeal cannot be said to be ready as regards service.;