1. Heard Mr. B.R. Dey, learned senior counsel assisted by Mr. M.A. Sheikh and Mr. S Dutta, learned counsel appearing for the appellants. Also heard Mr. A.C. Sarma and Mr. P. Chakraborty, learned counsel representing the respondents.

2. This Second Appeal has been preferred against the judgment and order dated 8.9.1994 passed by the learned Distt. Judge, Dhubri in Title Appeal No. 3/93 allowing the appeal preferred by the plaintiffs/respondents herein and reversing the judgment and decree dated 30.6.1993 passed by the learned Asstt. Distt. Judge, Dhubri in Title Suit No.8/85 by which the suit instituted by the plaintiffs/respondents for partition of their ancestral property was dismissed.

3. On 17.2.1995 at the time of admission of this appeal, the Ground Nos. 1,2 and 3 enumerated in the Memo of Appeal were formulated as the substantial questions of law which are as follows :

"(i) For that the question of law arises whether partition can be made part of ancestral property at Dhubri Town leaving aside the property at Salkocha without the consent of the heir appellant.

(ii) For that the question of law arises whether the decision in Title Suit No. 323 of 1974 operates as res judicata so f

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