JUDGMENT :

1. Admit on the following substantial questions of law :-

(A) Whether without filing any cross objections by the respondents, the Appellate Court could grant larger relief in favour of the respondents which were not granted by the trial court ?

(B) Whether the Appellate Court could have decided the application for additional evidence before commencement of the hearing the appeal on merits or not ?

2. Mr.Kadam, learned counsel for the respondent nos. 1, 2, 4, 7, 9 to 13, the contesting respondents waives service. By consent of parties, second appeal is heard finally.

3. The respondent nos. 1 and 2 had filed a suit inter alia praying for declaration and partition against the appellant and some of the other respondents in respect of the ancestral properties. The learned trial judge framed four issues. It was the case of the defendant no.2 that there the suit properties were already partitioned by a partition deed dated 15th February, 1959. It was also the case of the defendant no.2 that the suit properties bearing nos. 133/8, 133/9 and 34 were self acquired properties.

4. It was the case of the plaintiff that the plaintiff and defendant nos. 3 to 9 were entitled to share in the p