( 1 ) THIS appeal arises in the following circumstances. The plaintiff-respondents filed a suit for partition of a house situate in Katra Chand Khan old City, Bareilly. They claimed 2/3rds share in the said house and also claimed payment of damages. The house belonged to one Ram Swarup who died on 5-11-1967. The plaintiff No. 1 claimed to be the widow of Ram Swarup. The plaintiff No. 2 and the defendant No. 1 were said to be his daughters. It was said that Ram swarup did not, leave behind any other heir except the plaintiffs and the defendant No. 1. The defendant No. 2 was said to be not having any share in the property but she was asserting her right in the house. The suit for its partition was filed. The suit was resisted by the defendant No. 2 on the ground inter alia, that the plaintiff No. 1 was not the legally wedded wife of Ram swarup and that the plaintiff No. 2 and the defendant No. 1 had also no share in the said house. The contention of the plaintiff No. 1 that she was married to Ram Swarup in the year 1958 was denied. The trial court recorded the statement of the defendant No. 2 under Order 10, Rule 2 C. P. C. She said that the plaintiff No. 1 had "gar P