SRI RAM Vs. ABDUL QAVI AND OTHERS

JUDGEMENT

(1.) Heard Counsel for the parties. This appeal has been filed against the judgment and order dated 7.12.1985 passed by IX Additional District Judge, Sitapur allowing the Civil Appeal No. 151 of 1982 and setting-aside the judgment and decree dated 2.8.1982 passed by VI Additional Munsif, Sitapur, remanding the case to the Trial Court for deciding afresh.

(2.) It has been contented by the appellant's Counsel that the learned Court below has committed an error in remanding the case on the plea which was not specifically taken, or if taken even then the suit could be decided on the findings that whether the plaintiff is the owner of the plot in dispute or not. The Court below also erred in not considering the fact that unless and until the findings of ownership and limitation recorded in favour of the defendant-appellant are not set aside the the question of plea of non-joinder of parties does not arise.

(3.) At the out set it is relevant to point out that respondent No. 1-Abdul Qavi died sometime in the year 2001 at Bareli. Similarly, respondent No. 2-Guru Dayal also died during the pendency of the appeal.