DALLA Vs. STATE

JUDGEMENT

(1.) THIS is a plaintiff's appeal. It arises out of a suit for an injunction and possession.

(2.) THE plaintiff claimed that the land in dispute was included in the chak allotted to him under the Consolidation operations. Defendants 3 to 5 had, in collusion with defendants 1 and 2, illegally constructed a drain over the land in dispute. THE plaintiff also claimed damages of Rs. 100/-.

(3.) IT appears that while the appeal was pending in the lower appellate court, Chajju, defendant No. 3, died on January 3, 1967 long before the decision of the appeal on April 24, 1967. In the lower appellate court this fact was not brought to the notice of the court and the court proceeded in ignorance of that fact. In the second appeal, the plaintiff moved an application for substitution of heirs of Chajju but the same was dismissed on March 2, 1968.