( 1 ) THIS Second Appeal by the defendants-appellants is against the judgment of reversal. The suit filed by the plaintiffs-respondents being Partition Suit no. 116 of 1981 claiming partition of half share in the suit property, was dismissed by the Sub-Judge, Garhwa in terms and judgment and decree dated 21 -9-1987 holding that there had been previous partition between the parties.

( 2 ) IN appeal filed by the plaintiffs-respondents, being Title Appeal No. 23/87, the appellate Court, namely, the Addl. District judge, Garhwa, in terms of judgment and decree dated 21-9-88, allowed the appeal and set aside the judgment and decree passed by the trial Court and decreed the suit.

( 3 ) THIS second appeal was admitted for hearing on 10-7-90 on the following substantial question of law :

"whether the learned Court of appeal below has erred in law in not discussing the vital documentary evidence relied upon by the learned trial Court for coming to the conclusion that there has been a previous partition among the parties?"

( 4 ) THE admitted facts are that Ganeshi rawat was the common ancestor of the parties. He died leaving behind two sons, nakkchhedi Choudhary and Sheo Balak. Plai