R. DAYAL, ACTG. C. J.

( 1 ) THIS is a special appeal against the order of a learned single Judge and arises out of a suit for partition of a grove.

( 2 ) THE plaintiff claimed one-fourth share in this grove. He impleaded 31 defendants. Out of these defendants three contested the suit on the grounds that the plaintiffs share was less than one-fourth and that the grove in suit was waqf property, it being dedicated for the purpose of a family graveyard. Two other defendants just wanted their share also to be partitioned. The remaining defendants did not put in appearance.

( 3 ) THE trial court decreed the suit for partition and also decreed the claim for partition by defendant No. 1. 23 of the other defendants appealed against this order. On appeal, the learned civil Judge dismissed the appeal and confirmed the judgment and decree of the trial court. The same 23 defendants filed a second appeal in this Court. It was also dismissed by the learned single judge and it is against that order that the present appeal is filed.

( 4 ) THE learned counsel for the appellants tried to urge the point about the share of the plaintiff in the land in suit. He was not allowed to raise this point as th

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