JUDGMENT

Abhay Manohar Sapre, J.

1) Leave granted.

2) This appeal is filed by the plaintiffs against the final judgment and order dated 16.07.2014 passed by the High Court of Judicature at Patna in Second Appeal No.255 of 2008 whereby the High Court dismissed the second appeal filed by the appellants herein in limine and affirmed the judgment/decree dated 14.07.2008 passed by the 1st Additional District & Sessions Judge, Gopalganj in Title Appeal No. 77/2005/06 of 2007 which arose out of the judgment dated 12.07.2005 and decree dated 23.07.2005 passed by the Sub-Judge-V, Gopalganj in Title Suit No. 21 of 1993.

3) The issue involved in the appeal lies in a narrow compass so also the facts involved in the appeal are short. They are stated hereinbelow to appreciate the issue.

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

5) The appellants and the respondents are members of one family and are related to one another.

6) The appellants filed a civil suit being Title Suit No.21/1993 against the respondents in the Court of Sub-Judge V, Gopalganj claiming partition and separate possession of agriculture lands as