Mungeshwar Sahoo, J.

1. This First Appeal is directed against the Judgment/ Order dated 22.03.1996 recording compromise and the final decree signed on 06.04.1996 by Sri Mahendra Narayan Singh, the leaned Subordinate Judge-I, Patna in Title Partition Suit No. 37 of 1994.

2. It appears that originally the Defendant No. 1, Devnandan Singh, had filed this Appeal. On his death, the present Appellant, Amrendra Kumar, who was Respondent No. 1 in this First Appeal, was transposed as sole Appellant. This Amrendra Kumar is son of original Appellant Devnandan Singh. The present Appellant Sri Amrendra Kumar filed aforesaid partition suit claiming 1/5th share in Schedule I and II properties mentioned in the plaint. In the said suit, the Defendant No. 1 was father of the Plaintiff, i.e., Sri Devnandan Sinha. The said Devnandan Sinha Defendant No. 1 had two wives, namely, Smt. Anjali Devi and Smt. Chandrakanta Sinha who were Defendant-Respondent No. 2 and 3. The 3 sons from the second wife Chndra Kanta Sinha are the Plaintiff-Appellant Amrendra Kumar and Defendant-Respondent No. 4 and 5, namely, Dr. Nirmal Kumar and Devendra Kumar respectively.

3. It appears that on 27.09.1995 an alleged