CHANDA BAI Vs. MOTI

JUDGEMENT

(1.) THIS appeal was admitted for final hearing on the following substantial question of law : -

(2.) APPELLANT -defendant No. 7 has filed this Second Appeal being aggrieved with the Judgment and decree dated 24.11.1992. passed by Illrd Additional Judge to the Court of District Judge, Ujjain, in Civil Appeal No. 105A/80, whereby maintained the judgment and decree dated 4.8.1980, passed by the Civil Judge, Class -Il. Tarana. in Civil Suit No. 24 -A/76. Respondent Moti had filed a suit for declaration and permanent injunction that he has acquired bhumiswami rights in the suit land, on the basis of adverse possession and, therefore, the defendants be restrained not to interfere in his possession. The decree was granted.

(3.) I have heard the learned counsel for the appellant and perused the record and considered the substantial question of law formulated at the time of admission of this appeal. In my considered opinion this matter is fully covered by the provisions of sub -rule (4) of Rule 4 of Order 22 of the CPC and the trial Court had rightly granted exemption, as it was not necessary to bring the LRs of the aforesaid deceased respondents on record.