PREMVATI Vs. UMAVATI

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is heard finally.

(2.) This first appeal has been preferred under Section 96 of the Code of Civil Procedure, 1908 [hereinafter referred to as 'the C.P.C], challenging the judgment and decree dated 30.08.2019 passed by the XI Additional District Judge, Rewa, in a Civil Suit No.15-A/2015, whereby the suit of the plaintiffs/appellants has been dismissed on merits.

(3.) A short question has been raised by the appellants that in view of the facts and circumstances of the case, the Court below has committed error in deciding the suit on merits whereas the same ought to have been dismissed by the Court as per the provisions of Order IX Rule 8 of the C.P.C.