The appeal is admitted on the following substantial questions of law.
(1) Whether in absence of plaint of earlier suit and in absence of opposition of the defendant, the Courts below were justified in holding that the suit of the plaintiff was barred by Order-2, Rule- 2 of the Civil Procedure Code ?
(2) Whether when the claim as regards the suit property being ancestral property put forth by the plaintiff was not disputed, the plaintiff was entitled to relief of partition and consequential relief prayed for in the suit ?
Learned advocate Mr.Sunil Patel for learned advocate Mr.Rajesh Gidiya waives service of notice of admission for the respondents, [ C. L. SONI, J. ] vijay HC-NIC Page 2 of 2 Created On Wed Feb 07 23:29:42 IST 2018