HAMID KHAN Vs. BHIM SHANKAR

JUDGEMENT

(1.) THE The present second appeal under Section 100 of the Code of Civil Procedure assails the judgment and decree passed by the first appellate Court which has reversed the judgment and decree rendered by the trial Court decreeing the suit for declaration of ownership and permanent injunction in favour of the plaintiff.

(2.) THE present second appeal has been admitted on the following substantial question of Law:-

(3.) FROM the abovesaid factual matrix detailed in chronological manner, it is crystal clear that plaintiff Hamid Khan died on 02.09.1999, but the litigation in shape of SA No.590/1997 was continued and decided on 04.01.2001, which thereafter led to passing of the impugned order by the first appellate Court on 29.03.2001 without substituting the legal heirs in place of expired plaintiff Hamid Khan. Learned counsel for plaintiff represented though his legal heirs relies upon the decision of the Apex Court in the case of Jaladi Suguna v. Satya Sai Central Trust : (2008) 8 SCC 521.