D.N. Upadhyay, J.

This second appeal has been preferred by the plaintiffs/appellants against the judgment dated 17th August, 1994 and decree dated 25th August, 1994, passed and signed by 3rd Additional Judicial Commissioner, Ranchi in connection with Title Appeal No.33 of 1990, whereby judgment and decree passed by Sub Judge-I, Khunti in connection with Partition Suit No.188 of 1985/63 of 1986/140 of 1987 has been set aside.

2. The Plaintiffs are appellants and defendants are respondents in this second appeal.

3. The instant appeal was admitted on 5th April, 1995 to decide the following substantial question of law:

“Whether the lower appellate court has erred in law in holding that the family was governed by the rule of primogeniture?”

4. A suit was filed for partition by the plaintiffs/appellants, claiming 1/3rd share to Plaintiff No.1, 1/6th share to Plaintiff Nos.3 to 9 jointly, 1/6th share to Plaintiff Nos.10 to 12 jointly and 1/12th share to Plaintiff No.13 from the suit properties described in the schedule given at the foot of the plaint by appointing a Pleader Commissioner to carve out separate Takhtas and also cost of the suit.

5. It is contended that plaintiffs and defen