THIMMARAJU SATYANARAYANA RAO Vs. SECRETERY I L T D CO STAFF CO OPERATIVE INDUSTRIAL HOUSE CONSTRUCTION SOCIETY LTD

JUDGEMENT

(1.) Thirnmaraju Satyanarayana Rao, the plaintiff in O.S.No. 317 of 1977 on the file of the I Additional District Munsif. Chirala, had preferred the present second appeal.

(2.) The following substantial questions of law were raised in the present second appeal.

(3.) The counsel on record made elaborate submissions touching the merits and dements of the matter. Sri Addepalli Suryanarayana, the learned counsel appearing for the appellant-plaintiff, submits that the second respondent died and all the legal representatives were brought on record and, though it is shown as the appeal having been abated as against R-4 and R-5, the estate of the deceased R-2 is well represented since all other legal representatives continue to be on record. The counsel also had taken this Court through the application, which was filed for reception of additional evidence, and had pointed out the order, which was made by the appellate Court, dismissing the said application as having become infructuous after the disposal of the appeal. The counsel also would point out that this approachre adopted by the appellate Court cannot be sustained. The learned counsel placed strong reliance of The Premier Automobiles Ltd., Bombay v. Kabirunnisa. The counsel also while further elaborating the submissions would point out that when findings had been recorded relating to the lack of jurisdiction of the civil Court to entertain the suit other findings touching the merits and demerits need not be gone into. The learned counsel would also point out to certain findings which had been recorded by the appellate Court and also would further contend that at para-8 the appellate Court framed the following point for consideration.