SHAMSUDDIN Vs. MANGTIN BAI

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this plaintiff's second appeal states as under:

(2.) The plaintiff's suit for declaration of title and permanent injunction was dismissed by the trial Court. He preferred first appeal there-against before the first appellate Court under Section 96 of the Code of Civil Procedure. During pendency of the first appeal, original plaintiff/ appellant Shamsuddin died on 25.8.2000 and application for substitution on behalf of his legal representatives was filed on 21.11. 2000 but the first appellate Court did not consider and decide their application and the appeal was dismissed, against which this second appeal has been preferred by the appellants/plaintiffs in which substantial question of law has been formulated for consideration, which has been set out in the opening paragraph of the judgment.

(3.) Learned counsel for the appellants/plaintiffs would submit that the first appellate was absolutely unjustified in dismissing the appeal by the impugned judgment and decree without bringing legal representatives of deceased Shamsuddin on record as he died on 25.8.2000 and the application for substitution was filed on 21.11.2000 and, therefore, the impugned judgment & decree is liable to be set aside.