JUDGMENT :

S. Talapatra, J.

1. Heard Mr. B. Banerjee, learned counsel appearing for the appellant. Also heard Mr. S.M. Chakraborty, learned senior counsel assisted by Ms. P. Chakraborty, learned counsel appearing for the respondents.

2. By the order dated 23.07.2021, the following substantial question of law was framed:

"Whether the finding of the courts below that the suit for partition is barred by res judicata is sustainable in the resume of facts and in terms of Section 11 of the CPC or the finding in that regard is perverse?"

3. Mr. Banerjee, learned counsel appearing for the appellant has taken this court to the fact relevant for appreciating the substantial question of law as aforenoted. The suit was filed by the appellant seeking partition of the land as described in the Schedules A and B of the plaint. According to the plaintiff, the suit land was originally belonged to one Lalit Mohan Sarkar, the husband of the plaintiff no. 1 and father of the plaintiffs no. 2 and 3 and father in law of the sole-defendant.

4. The plaintiff has also asserted that by a registered will dated 22.01.1986, the said original owner bequeathed the entire land measuring 1.07 acre as descried in Para 2