JUDGMENT

(PRAYER : This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree dated 21.03.2001 made in A.S.No. 32 of 1999 on the file of the Court of Principal District Judge, Vellore, confirming the Judgment and Decree dated 16.10.98 in O.S.No. 474 of 1991 on the file of the Court of Subordinate Judge, Ranipet.)

1. The defendant in O.S.No. 474 of 1991 on the file of the Sub Court at Ranipet, is the appellant herein. The first respondent had filed O.S.No. 474 of 1991 seeking partition and separate possession of one half share in the suit property. By Judgment dated 16.10.1998, the suit was decreed and a preliminary decree accordingly was granted.

2. The defendant therein / present appellant then filed A.S.No. 32 of 1999 before the Principal District Court at Vellore by Judgment dated 21.03.2001, the Appeal was dismissed confirming the Judgment and Decree of the trial Court.

3. Questioning such Judgment, the defendant has filed the present Appeal.

4. At the time of admission, the following substantial question of law had been framed:-

"Whether the suit for partition is maintainable in spite of the earlier oral partition dated 11.12.1990?".

5.