Mungeshwar Sahoo, J. - (1.) The plaintiffs have filed this first appeal against a part of the judgment and decree dated 07.08.1976 passed by the learned Additional Subordinate Judge, Begusarai in Title Suit No.17 of 1974/37 of 1976 whereby the learned trial court dismissed the suit for partition in part.
(2.) It may be mentioned here that by the other part of the impugned judgment and decree the plaintiffs' suit for partition with respect to some properties have been decreed. The defendants have filed First Appeal No.688 of 1976. Since both the first appeals were arising from same judgment and decree, both the first appeals were directed to be heard analogously. However, during the course of hearing of both the first appeals nobody appeared on behalf of the appellants of First Appeal No.688 of 1976, accordingly, the first appeal was dismissed for default. Since the appellants of First Appeal No.688 of 1976 are the respondents in the present first appeal, nobody appeared on their behalf in this first appeal also.
(3.) The plaintiffs-appellants filed the aforesaid suit claiming partition of the suit lands total measuring 24 bigha 10 katha 6 dhoor and odd. They claimed that Choua Singh had five sons, who had separated after the death of Choua Singh. One of the sons, namely, Babu Lal Singh had two wives. The plaintiff, Damodar Singh is son from first wife whereas defendant nos.1 to 4 are sons from his second wife i.e. defendant no.5. The defendant nos.10 and 11 are his two daughters. Babu Hukum Narayan Singh, the brother of Babu Lal Singh, had no issue, therefore, he adopted the plaintiff no.1 as his kritrim putra. Accordingly, he inherited the property of Hukum Narayan Singh. Babu Lal Singh died in the year 1969 leaving behind the properties. Because there was some problem, the plaintiff asked for partition claiming 9/40 share but the defendants refused. Hence the suit.;