KU BODE KACHH Vs. ABDUL REHMAN

JUDGEMENT

(1.) BY this appeal, the Appellant has challenged the legality and propriety of the judgment and decree dared 8.2.2000 passed by the Third Additional District Judge, Bastar at Jagdalpur, in Civil Appeal No. 62A/99, reversing the judgment and decree dated 7.10.99 passed by the First Civil-Judge Class-II, Jagdalpur, District Bastar, in Civil Suit No. 138-A/98.

(2.) JUDGMENT and decree is challenged on the ground of following substantial questions of law:

(3.) DECEASED Smt. Gagari Bai has filed the suit for declaration of title and for declaration of sale deed dated 15.10.1984 as void, bogus and not-binding upon her recovery/confirmation of possession of the suit house and injunction. The same was decreed by the First Civil Judge Class-II, Bastar at Jagdalpur. Against the said judgment and decree, present Respondent No. 1/defendent filed an appeal. Learned lower appellate Court has reversed the judgment and decree and has dismissed the suit filed on behalf of Gagari Bai. Reversal of the judgment and decree by the lower appellate Court is challenged by the daughter of original Plaintiff Gagari Bai mainly on the ground that during the pendency of the appeal, Gagari Bai died leaving her legal representative i.e. the present Appellant but the present Respondent No. 1 i.e. Appellant of the first appeal has failed to implead the present Appellant as a Respondent and decree has been passed against the dead person, even when especially the lower appellate Court has ordered to appoint Reader of the Court as a legal representative of the deceased Gagari Bai in accordance with Order XXII Rule 4A of the Code of Civil Procedure.