A Second Appeal cannot be entertained unless there is a substantial question of law involved.

1. This second appeal has been filed by the plaintiffs, animadverting upon the judgment and decree dated 7. 2008 passed by the learned Principal Subordinate Judge, Erode, in A.S.No.115 of 2007, confirming the judgment and decree dated 24. 2007 passed by the learned District Munsif cum Judicial Magistrate, Perundurai, in O.S.No.475 of 2004. For convenience sake, the parties are referred to here under according to their litigative status before the trial Court.

2. A summation and summarisation of the relevant facts, which are absolutely necessary and germane for the disposal of this second appeal, would run thus:

(a) The appellants/plaintiffs filed the suit O.S.No.475 of 2004, as against as many as 9 defendants, seeking for partition on the main ground that 1/3rd undivided share was purchased by the plaintiffs grand father Pongianna Gounder, vide Ex.B1-the sale deed dated 23. 1938.

(b) Defendants 1 to 3 entered appearance and resisted the suit on the ground that they purchased the 1/3rd undivided share in the properties as per Ex.B2-the sale deed, dated 2. 1955 and after such purchase, there was inter se partition among the purchasers, which took place even in the year 1955 and from that time onwards, they got effected mutation in the Revenue records and they have been enjoying the same. Defendants 4 and 9 supported the claim of the plaintiffs.

(c) During enquiry, the trial Court framed the relevant issues. The first plaintiff examined himself as P.W.1 along with one Subramaniam as P.W.2 and Exs.A1 to A.4 were marked. The first defendant examined himself as D.W.1 along with two others and Exs.B1 to B18 were marked. Exs.C1 to C4 were marked as Court documents.

(d) Both the Courts below gave a categorical finding to the effect that the suit was bad for non-joinder of necessary parties and adequate pleadings were not available in the plaint itself; absolutely there is no reason or basis found exemplified as to how 17 shares emerge as per the plaintiffs and accordingly dismissed the suit.

(e) Being disconcerted and aggrieved by the judgments and decrees of both the Courts below, this second appeal is focused by the plaintiffs on various grounds and also raising the following substantial questions of law:

3. Heard the learned counsel for the appellants/plaintiffs as well as the learned counsel appearing for the respondents/defendants.

4. The learned counsel for the plaintiffs would advance his argument to the effect that even though there might be some deficiency in the pleadings, yet, as per the well settled proposition of law, the plaint and written statement could be read together and if it is found that the parties proceeded with the trial understanding the real issues, the suit need not be dismissed as one not backed up by proper pleadings; a mere utterance of oral partition on the side of the defendants 1 to 3 in no way would control or limit the right of the plaintiffs to seek for partition and accordingly, he would pray for reversal of the judgments of both the Courts below and for decreeing the suit.

5. At this juncture I would like to point out that the onus of proof as well as the onus probandi is on the plaintiffs to prove their case. Here, I call up and recollect the definition of onus pobandi, as found in Blacks dictionary, as under:

"Onus Probandi: The burden of proof. The strict meaning of the term onus probandi is that, if no evidence is adduced by the party on whom the burden is cast, the issue must be found against him."

6. Here, in this case, the plaintiffs were expected to adduce adequate evidence. Adhering to the principle of onus probandi alone both the Courts below dismissed the claim of the plaintiffs. A detailed analysis of the available records would display and demonstrate that on the one side, the plaintiffs placing reliance on Ex.B1-the sale deed dated 23. 1938 would claim that they purchased 1/3rd undivided share in certain properties, whereas, the defendants 1 to 3 would contend that they purcha