MOHD SAHABBIR HUSSAIN KHAN Vs. ZAINULABUDDIN KHAN

JUDGEMENT

(1.) ON 20-8-1998 this Court made the following order :

(2.) THE questions formulated in ground no. 9 (a) and (b) are the substantial questions of law. The said grounds 'a' and 'b' in ground No. 9 read as hereunder :

(3.) SRI Vilas Afzul Purkar, the learned senior Counsel representing the appellants-plaintiffs had taken this Court through the findings recorded by the Court of first instance and also had taken this Court through the findings recorded by the appellate Court and would comment when the fact that the first plaintiff had been the mutawalli is not in serious controversy, the appellate Court recording a finding that only an ex parte decree was obtained by the third plaintiff and by that itself it cannot be said that he is mutawalli and not entitled to continue the action, cannot be sustained.