JUDGMENT :

Appellants/plaintiffs (Legal Representatives of the original appellant/plaintiff Girdhari) have preferred this appeal under Section 100 of the Code of Civil Procedure being aggrieved with the judgment and decree dated 16.07.1997 passed by the First Additional District Judge to the Court of District Judge, Tikamgarh in Civil Appeal No. 27-A/1989.

2. The appellate court decided the appeal preferred by the respondents/defendants under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure and reversed the finding given by the trial court in Civil Suit No. 92-A/1988, which was decided vide judgment and decree dated 10.07.1989.

3. This appeal was heard on admission and vide order dated 19.02.1998, this Court admitted the appeal on the following substantial questions of law:

1. Whether, the son, who has separated after partition, can claim a share in the coparcenary property of the father and another son, who remained joint after partition under Section 6 of the Hindu Succession Act?

2. Whether, the suit was rightly held to be barred by limitation by the lower appellate court?

Thereafter, by order dated 07.11.1998, the High Court granted stay, recorded undertaking that