POTLURI SOMANATH Vs. ALURI SRINIVASA RAO

JUDGEMENT

(1.) O.S.No.96 of 1997 was tried and was disposed of by judgment and decree passed in favour of the plaintiffs by learned Junior Civil Judge at Gannavaram on 18/8/2001. There were ten defendants in the said suit. Aggrieved by the said judgment, defendant No.2 alone preferred A.S.No.3 of 2002. Learned Additional Senior Civil Judge at Gudivada by judgment dtd. 16/8/2004 allowed the appeal and consequently set aside the judgment of the trial Court and dismissed the suit. Aggrieved plaintiffs preferred this appeal against the appellate Court judgment in terms of Sec. 100 C.P.C. There is sole respondent in this appeal and this respondent is defendant No.2 in the suit. Pending appeal he died. Appellant impleaded the legal representative of the deceased sole respondent arraying him as respondent No.2. Despite service of notice on respondent No.2, none entered appearance.

(2.) A learned Judge of this Court admitted this appeal and formulated the following substantial questions of law:

(3.) On a memo filed for appellants the following additional substantial questions of law were also formulated on 22/3/2024: