IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.333 OF 2007. APPEAL NO.333 OF 2007. APPEAL NO.333 OF 2007. Smt Sundrabai Baba Tad & Ors. ...Appellants. Versus Smt Rukminibai Nagu Yadav ...Respondent Shri S.A.Joshi i/by Ms Nayana V. Thatte for the Appellants. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 22nd January, 2008. : 22nd January, 2008. : 22nd January, 2008. P.C.: P.C.: P.C.: 1. Heard advocate for the appellants. The appellants are the original defendants in a suit for partition filed by the respondent. The decree or partition and separate possession has been passed in favour of the respondent which is confirmed in appeal. 2. The first submission of the advocate for the appellants is that this was a case where the Appellate Court ought to have remanded the suit to the trial Court to enable the appellants to lead evidence. The second submission is that plea raised by the appellants regarding non-joinder of necessary party was not considered by the Appellate Court. The third contention is that there is a Will executed by deceased Baba in favour of the sixth appellant. ... 2 ... 3. The last contention cannot be accepted as the Will was never attempted to be produced before the trial Court by the appellants. As regards non-joinder of one Mr. Anil as the party to the suit, it must be stated that even according to the appellants the said Mr. Anil was not a co-sharer and he claims to be purchaser of some of the suit properties. Therefore, the Appellate Court was right in rejecting the said plea. In so far as first submission is concerned, in paragraph No.21 of the judgment, the Appellate Court has extensively dealt with the same and has recorded reasons as to why a case for remand was not made out by the appellants. 4. No substantial question of law arises. The Second Appeal is dismissed. JUDGE JUDGE JUDGE