JUDGMENT :- The point of law raised for admission in this second appeal and which alone can be raised as the findings of fact based upon acceptable and relevant evidence are concurrent and binding upon me is that a benamidar notwithstanding the non-intervention and non-opposition of the real owner cannot maintain a suit for partition and that this objection can be raised by the other parceners or co-owners.

2. The fact that merely because the appellant has shown that an arguable or prima facie point of law arises in appeal is not a ground for admission, has been expounded by the Law Commission in its 14th Report of the Reform of the Judicial Administration Vol. 1 Chapter 16 page 390. The Court has further to be satisfied that the decision of the lower appellate Court on a point of law is erroneous and that it is necessary in order to do justice between the appellant and the respondent that a further hearing should be given to both the parties.

In fact the Law Commission has gone to the extent of suggesting that a statutory requirement should be made providing that the judge admitting the appeal should state the point or points of law which arise for consideration in the seco