ARIJIT PASAYAT, J.

( 1 ) LEAVE granted.

( 2 ) CHALLENGE in this appeal is to the judgment of a learned single Judge of the Madras High Court disposing of Second appeal. The only grievance in the appeal is that the High court in the appeal could not have set aside the decree of the trial Court so far as it relates to the partial relief granted in the suit filed by the plaintiffs-appellants when there was no appeal so far as said relief is concerned.

( 3 ) LEARNED counsel for the appellants pointed out to the following observations of the High Court.

"in the light of the above discussion, it is to be held that there was division in the family and munusamy Reddy and Ramu Reddy separated themselves from other coparceners at the time of their death and therefore the shares so obtained by them under the division, certainly would pass on to their heirs, by succession and not by survivorship upon the surviving brothers. The deceased first plaintiff, suppressing all the above facts, misleading the Court, obtained a decree which is liable to be set aside. In this case, whether Ex. A6 represents the correct date of death of Munusamy or not may not have much significance, in view of my finding