Code of Civil Procedure, 1908–Order 7, Rule 7–Recourse of provision–Scope of taking–Suit for declaration and ownership and possession on the ground of memorandum of partition–Dismissed with the view that the plaintiff failed to prove the fact of partition–While partly allowing the first appeal, First Appellate Court passed the preliminary decree of partition–Justification–By virtue of Order 7, Rule 7, the Court can take notice of the subsequent events which occurred during the pendency of the suit–There was no option for the First Appellate Court but to confirm the findings of Trial Court–Frame of the partition suit is different–The court fee payable is different–In such suit, all co-sharers ought to be made the parties–First Appellate Court committed illegality–Impugned judgments set aside and the judgment passed by the Trial Court is restored–However, the first respondent would not preclude from filing a suit for general partition.
