- (1.) This second appeal is directed against the judgement and decree dated 24th April, 2013 passed by the Learned Additional District Judge, First Court, Murshidabad in Title Appeal No. 59 of 2011 affirming the judgement and decree dated 31st March, 2011 passed by the Learned Civil Judge (Senior Division), Berhampur in Partition Suit No. 95 of 2010, at the instance of the defendant/appellant.
(2.) Let us now consider as to whether any substantial question of law is involved in this appeal for which the appeal is required to be admitted under the provision of Order 41 Rule 11 of the Code of Civil Procedure, or not.
(3.) Both the Courts below decreed the suit for partition in the preliminary form by declaring the share of the plaintiffs in the suit property as the defendant who is also a admitted co-sharer, has failed to establish the plea of ouster of the plaintiffs being the co-sharers from the suit property.;