MUNGESHWAR SAHOO, J.:–The defendant No.6 has filed this First Appeal against the final decree dated 03.08.1982 passed by the learned Sub Judge I, Chapra in partition suit No.127 of 1975 whereby the court below rejected the objection to the Pleader Commissioner’s report filed by the defendant No.6-appellant.

2. It appears that the plaintiff-respondent No.1 filed the partition suit claiming 1/6th share in the suit property. According to the plaintiff, Rameshwar Upadhyay had three sons namely Ram Kailash Upadhyay, Ram Bilash Upadhyay and Bhagwati Sharan Upadhyay. Ram Kailash Upadhyay had two sons i.e. plaintiff, Awdhesh Bihari Sharan Upadhyay and the defendant No.6, Bipin Bihari Upadhyay. Defendant Nos.1 to 5 represent the branch of Ram Bilash Upadhyay and Bhagwati Sharan Upadhyay. The suit was decreed and plaintiff’s share to the extent of 1/6th was declared. It was also held that the defendant No.6 has got 1/6th share and the remaining 2/3rd share belonged to the other two branches i.e. defendant Nos.1 to 5. It is admitted that no appeal was filed against the preliminary decree. The Pleader Commissioner was appointed for preparation of final decree. The Pleader Commissioner submitted

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