Khalibur Rahman and Others vs Md. Mansoor Alam and Others

S.S. Hasan, J.—This appeal by defendant No. 1 arises out of a partition suit. The trial court dismissed the suit, but the lower appellate Court, after adjudicating on the claims of the parties, fixed the shares of the various parties involved in the suit and allowed the appeal in part. After the appeal had been heard at some length, it was found that the claim of the parties in this appeal could be more effectively decided when the final decree for partition is prepared. Since this is a partition suit and the claims of the parties have been adjudicated, it was found necessary to decide the question of shares of the parties here. This question has also become piquant by the fact that some of the respondents have died at various stages and their heirs have not been substituted. Any decision in this appeal, therefore, would not have been possible without bringing them on the record which would have entailed unnecessary delay. While the final decree for partition is being drawn up, the court will issue notices to the heirs of all the deceased respondents by registered post in accordance with law, as required by Order 5, rule 17 of the CPC and dispose of the matter with the greatest expedition, definitely within four months. The parties are also directed to ensure the appearance of all the necessary parties involved and concerned in the suit in order to avoid any future problem.

The appeal is, accordingly, disposed of without costs.