( 1 ) THIS appeal arises from the decree of partition and possession passed by the learned 5th Joint Civil Judge at Satara on 17-1-1983 in Regularcivilsuitno. 241 of 1981 and confirmed by the Lower Appellate Court as per its Judgment and Order dated 21-4-1988 in Civil Appeal No. 63 of 1983. The substantial questions of law framed while admitting this second appeal are as under :-

(a) Was the transfer of the suit from the court of Joint Civil Judge, J. D. to Vth Joint civil Judge, J. D. and passing of the ex parte decree without notice to the appellants? If yes, does this omission render the ex parte decree void ? (b)Does the decision in Regular Civil Suit no. 227 of 1959 bar the present suit either on the ground of res judicata or for any other reason ? (c) Have the appellants been illegally deprived of their right to file written statement ?

( 2 ) THE suit properties are agricultural lands and residential houses and they were mentioned in schedule "a" and "b" to the plaint. Nathu Pandu Ghadage was married to sundarabai and from the said wed-lock, plaintiff no. 1 - Rajaram, son and plaintiff Nos. 2 and 3 daughters were born. Sundarabai died sometimes in the year 1940 and, therefore,

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