ORDER

This appeal by special leave arises from the judgment of the Patna High Court, 1984, dismissing the second appeal in limine at the admission stage.

2. The undisputed facts are that one Sheo Charan Singh, the common ancestor, left behind him two sons, Lal Singh and Shanker Singh. Shanker Singh left behind his son Banjhoo Singh who died issueless. Lal Singh had seven sons by name, Kirtarth Singh, Padarath Singh, Ujagir Singh, Sukhari Singh, Ratan Singh, Budhan Singh and Mangru Singh. We are concerned, in this litigation, with Sukhari Singh of this branch. It is now an admitted case that Sukhari Singh had executed a gift deed with respect to the properties mentioned in Schedule A of the plaint in favour of the appellant, a stranger to the family, on December 4, 1959. Thereafter, he cancelled the gift deed by another deed on April 4, 1960. He thereafter executed a sale deed in favour of the first respondent on November 22, 1970. Therefore, the first respondent filed a suit in 1995 for a declaration that the gift deed dated December 4, 1959 was obtained by the appellant by playing fraud on Sukhari Singh and, therefore, it was voidable. He also sought a declaration that Sukhari Singh