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Azgar Barid (D) By Lrs. & Ors. vs. Mazambi @ Pyaremabi & Ors. (SC)

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Partition–Decree of–Appeal against–Scope of dealing with–Decree of trial Court was not challenged by plaintiff nos. 4 to 8 whose claim was denied by the trial Court–Whether they are entitled to get the relief in the second appeal ?–Held, yes–In a suit for partition, the position of the plaintiff and the defendant can be interchangeable–Each party adopts the same position with the other parties–Merely because the trial Court had not granted relief in favour of plaintiff nos. 4 to 8, would not come in their way in the High Court in allowing their claim.