JUDGMENT:

Sanjay K. Agrawal, J.

1. The substantial questions of law involved, formulated and to be answered in the plaintiffs' second appeal are as under:-

"1. Whether the first appellate Court has committed an error of law in holding that the appropriate Court fees as per provision of Section 7 (IV) (a) of the Court Fee Act has not been affixed?"

"2. Whether the first appellate Court was justified in holding that the partition in the joint family had not been taken particularly when the defendant No. 1 to 3 in their written statement have admitted the fact that there was the family settlement and the members of the family had already accepted the family settlement and the property was partitioned accordingly with the respective members of the family?"

[For the sake of convenience, the parties would be referred hereinafter as per their status shown in the suit before the trial Court].

2. It is the case of the plaintiffs that Moolchand Kalar had three sons namely Hagru, Ankalu and Shyam Sunder. Parmilabai, widow of Shyam Sunder and Sukbati, daughter of Shyam Sunder, both filed a civil suit for declaration of their title and also seeking declaration that sale deed dated 2.1.1995 (Ex. P/1)