MST CHARKI Vs. MANARAM

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 01.04.2003 passed in Civil Appeal No. 3-A/2001 by the 1st Additional District Judge, Surajpur affirming the judgment and decree dated 8.12.2000 passed by the Civil Judge Class-I, Surajpur in Civil Suit No. 88-/94, whereby the Plaintiffs' suit for declaration of title and possession of the suit land was decreed, the Appellants/Defendants have preferred this second appeal.

(2.) THE appeal is admitted on the following substantial question of law: Whether the finding recorded by the 1st Appellate Court that for not bringing the legal representatives of the deceased/Defendants Mahendru and Deosay on record, the suit abated only against the deceased/Defendant and not as a whole, is contrary to law?

(3.) THE Appellants/Defendants resisted the suit inter alia on the ground of adverse possession.