BISHAL CHAND JAIN Vs. CHATTUR SEN

JUDGEMENT

(1.) THIS is a plaintiff's first appeal against the judgment and decree of Sri Mohammad Tufall Ahmad. I Civil Judge, Saharanpur, dated 5th July 1954 in Original Suit No. 109 of 1950. This first appeal was connected with another First Appeal No. 298 of 1954, which was filed by one of the defendants from the same decree. That first appeal, however, is now no more before us inasmuch as the appellants of that appeal entered into a compromise with the plaintiffs on the basis of which, the appeal was dismissed. The only appeal which is now before us is.

(2.) PANDIT Gopi Nath Kunzru, learned counsel for the plaintiff-appellant has argued the appeal before us on behalf of the plaintiff-appellant.

(3.) AS a result of his elevation to the Supreme Court, Hobble Mr. Justice V. Bhargava took oath of that office on the 8th August 1966, and from that date the office of Chief Justice of this Court fell vacant. On the same date from the newspaper, it appeared that a notification has been made under Article 228 of the Constitution of India to the effect that the duties of the office of Chief Justice of this Court would be performed by Hon'ble Nasirullah Beg, J., the senior most Judge of this Court. Article 223 of the Constitution reads as follows: