Dr. A.K. Rath, J.—This Letters Patent Appeal is directed against the judgment dated 24.3.1999 passed by the learned Single Judge in First Appeal No. 267 of 1988 partly allowing the judgment and decree dated 17.8.1988 and 31.8.1988 respectively passed by the learned Subordinate Judge, Bhadrak in Title Suit No. 131 of 1978-1 in a suit for partition.

2. From the undisputed genealogy, it appears that one Champati Das had three sons, Namely, Kalandi, Mali and Padan, Kalandi had two sons, namely. Bholanath and Binod, Jema wife of Bholanath died in the year 1962, Rambha was the daughter of Bholanath. Defendant No. 2 was the son of Mali. He expired during pendency of the suit, whereafter his legal representatives have been impleaded as defendants 24 to 29. Padan had two sons, late Panchu and Gangadhar (defendant No.5). Defendant No.4 is the widow of Panchu and defendant No.3 is the son. From the evidence on record, it appears that Bholanath had two Sisters, namely, Ajodhya and Hara. Defendants 6 and 23 are the sons of Ajodhya. Both of them claim In their separate written statement that defendant No. 23 is the adopted son of Binod, Ajodhya had two other sons, who were not impleaded