Arup Kumar Goswami, J.

1. This second appeal is preferred by the plaintiffs against the judgment and decree dated 12.12.2003 passed by the learned Civil Judge, Senior Division No. 1, Silchar in Title Appeal No. 29 of 2002 reversing the judgment and decree dated 10.05.2002 in Title Suit No. 101 of 1993. This appeal was admitted to be heard on the following substantial questions of law:

1. Whether the learned Lower Appellate Court was justified in dismissing the suit on the ground of non-joinder of co-pattadars since it was not a suit for partition but a suit for declaration of right, title and interest on the basis of a deed of partition between the plaintiffs and the defendants?

2. Whether the learned Lower Appellate Court was justified in dismissing the suit on the ground that the plaintiffs have sought for only a declaration with no further relief in as much as the plaintiffs have sought declaration along with further relief of confirmation of joint possession with the defendants?

2. After hearing had progressed to a considerable extent, Mr. B.C. Das, learned senior counsel for the appellant submitted that for fair adjudication of this case, one more substantial question of l