Shree Chandrashekhar, J.

The main question involved in the present appeal is, “whether a judgment rendered on contest can be setaside by the Appellate Court on the ground that an issue which legally arise in the case was not framed by the trial court?”

2. At the outset, I notice that an issue on the question of adoption of Thakur Routh was not framed by the trial court. The case pleaded by the original plaintiff namely, Tunu Routhain who instituted the suit for decree for partition of her share was that Schedule-A and Schedule-B properties were jointly recorded in the name of Maga Routh and Runa Routh. The plaintiff Tunu Routhain was one of the legal heirs and successors of Maga Routhain who died leaving behind his widow Dabu Bala and daughter Tunu Routhain. The mother of the plaintiff also died before institution of the suit. During their lifetime Maga Routh and Runa Routh possessed the suit properties according to their convenience however, without any partition by metes and bounds and after their death the plaintiff and the defendants also entered into joint possession of the suit properties. The facts pleaded by the defendants was that Maga Routh died about 25 years ago le