Permod Kohli, J. - (1.) THIS second appeal is preferred by the defendants against the judgment and decree dated September 14, 1983 passed by Additional District Judge, Karnal, allowing the appeal preferred by plaintiff -respondent No. 1 herein against the judgment and decree dated December 4, 1982 passed by learned Subordinate Judge, 1st Class, Karnal. Respondents have chosen not to appear. From the inter -locatory orders it appears that respondents are continuously absent for the last many hearings. They are, therefore, set ex -parte.
(2.) FOLLOWING substantial question of law has arisen in the present appeal: Whether the plaintiff can seek declaration regarding the partition of the suit property when admittedly a mutation of inheritance has been passed by the competent authority declarating the property in dispute as coparcenary property in the presence of plaintiff and they have not challenged the alleged mutation in -any -manner. It is admitted case of the parties that one Sadhu Ram son of Kalu Ram was the owner of suit property. Rajinder Singh -plaintiff, Ram Dev, Jai Pal and Ran Singh Smt. Ishwar Devi and Smt. Kalawati defendants 1 to 5 are sons and daughters respectively of Sadhu Ram. After the death of Sadhu Ram, a mutation of inheritance was entered and attested being Mutation No. 780 by the Assistant Collector, 1st Grade dated 10.10.1979 in favour of the parties to the suit being his legal heirs. Vide this mutation it has been declared that the property of Sadhu Ram has devolved upon the parties in equal shares. Rajinder Singh son of Sadhu Ram i.e plaintiff -respondent No. 1 instituted a civil suit bearing No. 518 of 1982 dated 16.9.1980 in the trial Court, seeking a declaration that he is owner in possession of 1/14th share in the suit property and in the alternative that he may be declared to be owner of 7/30th share thereof. He claimed the partition/family settlement amongst four sons of Sadhu Ram in equal shares excluding the daughters (defendants 4 and 5).
(3.) THE suit was contested by the defendants pleading therein that the deceased Sadhu Ram left behind four sons and two daughters and no partition/family arrangement took place during his life time (Sadhu Ram) and all the sons and daughters have equal shares in the property. The trial Court framed ten issues; nine issues had been framed on 30.10.1980 by Sub Judge, 1st Class, Karnal, whereas an additional issue had been framed on 7.9.1992 by Sub Judge, 2nd Class, Karnal.;