D. S. Sinha, J.

1. This Second appeal, under Section 100 of the Code of Civil Procedure, 1908, hereinafter called the Code, is directed against the decree and judgment of the IInd Addl. District Judge, Bulandshahr dated 18th September, 1979, passed in Civil Appeal No. 356 of 1978-Kali Charan and Another v. Ram Swaroop, setting aside the decree and judgment, dated 30th October, 1978 passed by the Ilnd Addl. Munsif, Bulandshahr in Original Suit No. 222 of 1973.

2. The plaintiff appellant brought a suit for declaration that the defendant-respondents were "not grandsons of Diviya i.e. Sobha was not the son of Diviya" on the assertions that Diviya son of Jawahar had been married to one Smt. Budhiya and died on 10th August, 1890, leaving Sukhram as his only son: that after the death of Diviya Smt. Budhiya remarried with Nanhey and gave birth to Sobha from him in the year 1895 ; that since Sukhram was then minor the name of Siflt. Budhiya was recorded as his guardian; that Sukhram alone was the heir of Diviya, and that after the death of Sukhram the plaintiffs, being the only son, succeeded to his properties. According to the plaintiff-appellant Sobha raised dispute relating to p