RAM NARAYAN Vs. RAJ NARAYAN

JUDGEMENT

(1.) Heard Shri Yogesh Kesarwani, learned counsel for the appellants.

(2.) The instant second appeal has been preferred against the judgment and decree dtd. 5/4/2008 passed by Additional Civil Judge (Junior Division), Unnao in R.S. No.49/2005 whereby the suit of the plaintiffs-respondents was decreed. The appellants preferred a Regular Civil Appeal No.49/2008 which has also been dismissed by the Additional District Judge, Unnao by means of the judgment and decree dtd. 2/2/2021 and being aggrieved against the aforesaid two judgments, the instant second appeal has been preferred under Sec. 100 CPC.

(3.) Learned counsel for the appellants while arguing on the admission has urged that there is an error committed by both the Courts as they have not considered that the father of the plaintiffs, who has a necessary party, was not impleaded. Though, a specific plea was raised in the written statement, however, there was no issue framed and in absence thereof, the findings returned by the two Courts on the aforesaid aspect stands vitiated.