DINESH MEHTA,J. - (1.) The present appeal under Section 96 of the Code of Civil Procedure, 1908 has been filed by the appellant - son of Abhimanyu, being aggrieved of the judgment and decree dated 05.12.1987 passed by learned District Judge, Sriganganagar.
(2.) The facts giving rise to and relevant for deciding the present appeal, succinctly stated are that a suit for partition was filed by the plaintiffs - Harikishan and Bansidhar, sons of one Surajmal, resident of Village Phephana, Tehsil Nohar, District Sriganganagar, against six defendants, namely, Surajmal, Ram Pratap, Gauri Shankar, Abhimanyu, Mathara Devi and Kunti. As per the facts stated in the plaint, Surajmal, son of Jagannath, contracted two marriages first with Kunti and thereafter with Mathara Devi. His first wife Kunti had two sons namely Harikishan and Bansidhar (plaintiffs); whereas Ram Pratap, Gauri Shankar and Abhimanyu, being defendants No.2 to 4 were born out of his wedlock with Mathara.
(3.) The suit so filed by the plaintiff resulted in a preliminary decree dated 24.03.1961, vide which the joint family property was held divisible between the plaintiffs and defendants, each one of them was held entitled to 1/8th share.;