JUDGMENT

Abhay Manohar Sapre, J.

1) This appeal is filed by the defendants against the final judgment and order dated 09.09.1999 passed by the High Court of Calcutta in S.A.T. No. 1082 of 1999 (re-numbered as S.A. No.740 of 1999) whereby the appeal filed by the appellants was summarily dismissed under Order 41 Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”).

2) Few relevant facts need mention in brief infra.

3) The appellants herein are the defendants whereas the respondents are the plaintiffs in the civil suit out of which this appeal arises.

4) The respondents filed the civil suit being Title Suit No. 37 of 1991 before the Sub Divisional Court of the Munsif, Jhargram, District Midnapore against the appellants inter alia seeking partition in relation to the suit properties. The appellants filed their written statement and denied the plaint averments. Parties went to trial on the issues framed for its determination.

5) By judgment/decree dated 26.06.1992, the Trial Court dismissed the suit. The respondents, felt aggrieved, filed first appeal being Title Appeal No. 240 of 1992 before the Additional District Judge, 6th Court, Midnapore. By judgment/