VALMIKI J. MEHTA, J.

1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment of the First Appellate Court dated 5.10.2006. By the judgment dated 5.10.2006 the first appellant court held that issue no. 5(b) framed by the trial court with respect to the parentage of one of the plaintiff Sh. Mohinder Bal (respondent no.1 in this appeal, and who is now deceased and represented by his legal heirs) ought not to have been framed and no finding could be given with respect to issue no. 5(b),

and which issue is left to be decided in appropriate independent civil proceedings.

2. The subject suit was a suit for possession filed by one Smt. Sham Pyari for part of property bearing no. 3068-69, Sir Sayed Ahmed Road, Darya Ganj, Delhi. During the pendency of the suit Smt. Sham Pyari died on 7.3.1968. Smt. Sham Pyari died issueless and her husband had already pre-deceased her. The suit property, therefore, survived as per the Hindu Succession Act, 1956 on collaterals of Smt. Sham Pyari. Sh. Mohinder Bal is one of the legal heir of the collateral as he claimed to be the son of one of the deceased sister of the original plaintiff Smt. Sha