1. The present appeal has been preferred against a judgment of affirmance, whereby both the courts below have dismissed the suit of the plaintiff/appellant challenging a registered partition deed on the ground that the same was fraudulent, collusive and void ab initio.

2. Learned Counsel appearing for the appellant contends that the defendant/respondent is the elder brother of the plaintiff/appellant and as such, was in a dominant position over the appellant. Moreover, the appellant being less educated than the respondent, the said position of dominance is further established. 3. Both the courts below, without framing any issue on the specific question of challenge to the partition deed, dismissed the suit of the plaintiff/appellant.

4. It is further argued that in terms of Section 16 (3) of the Contract Act, 1872 , in case of undue influence, whe