Sanjay K. Agrawal, J.

1. This is plaintiffs' second appeal under Section 100 of the Code of Civil Procedure (for short "the CPC") against the judgment and decree dated 17-7-2003 passed by 3rd Additional District Judge, Bemetara, Distt. Durg in Civil Appeal No. 122-A/2003, affirming the judgment and decree dated 31-10-2000 passed by Civil Judge, Class I, Bemetara, District Durg in Civil Suit No. 56-A/98, dismissing the suit.

(For sake of convenience, the parties shall be referred to according to their array in the suit.)

Plaintiffs herein filed a suit for declaration stating inter alia that defendant Nos. 1 to 5 have no right or title over the suit property as they have obtained ex parte order of partition of the suit property from the Tehsildar, Bemetara, which is bad in law. It was further pleaded that plaintiff No. 2-Phootki Bai is the first wife (widow) of deceased Ramdayal @ Ramlal and other plaintiff-Sajeevan Das is the son of deceased Ramdayal @ Ramlal out of wedlock with Phootki Bai whereas defendant No. 1-Tirith Bai is the second wife (widow) of deceased Ramdayal @ Ramlal out of second marriage (Churi form marriage) during the life time of first wife and the defendant Nos