Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. Whether the High Court, while exercising its jurisdiction under Section 100 of the Code of Civil Procedure, could, while dictating the judgment, frame an additional question of law and allow the same without even referring to the questions of law formulated at the time of admission thereof, arises for consideration herein.

3. Before, however, adverting to the said question, we may notice the factual matrix involved in the matter.

One Nanjappa was the owner of the property. The admitted genealogical table of the

family is as under:

Nanjappa (Propositus)

4. Virupakashappa filed a suit for partition claiming share in Survey No.197/2 measuring 11 acres 22 guntas, Survey No.203/3 measuring 3.2 Channapasappa Mallappa Revanna acres, Survey No.203/6 measuring 2 acres 21 guntas and a house property situated at Chikkathotulkere, Tumkur Taluk, District Tumkur in the year 1996. Defendants-Respondents, inter alia, in their written statements denied Revanns Siddappa Chikkasiddappa Shetty Dead and unmarried (Dead) (Dead) and issueless and disputed the said genealogical table. It is profitable to refer thereto: "It is false to state that la