SUMANT KUMAR Vs. BHAGWATI BAI

JUDGEMENT

(1.) FEELING aggrieved by the judgment and decree dated 22.1.1996, passed by learned Third Additional District Judge, Sagar in C.S. No.40 - B/1991 whereby the suit of deceased plaintiff Ramsewak, whose legal representatives are respondents No. 1 to 5 has been decreed to the extent of Rs.60,000/ - along with interest at the rate of 6% from the date of filing of the suit till its realization, this appeal under section 96 CPC has been filed by the defendants.

(2.) NEAR about 22 years ago, plaintiffs Ramsewak and Balram had filed a suit for damages because their house in which the defendants -appellants were residing was gutted on account of fire. Today the soul of deceased Ramsewak whose legal representatives are respondents No. 1 to 5 must be quite happy because the seed which was sown by him along with his brother Balram to obtain damages by filing civil suit against defendants - appellants has not only become grown up tree but is also giving fruits to reap, however, he is not in the world to reap the same. Those fruits are being reaped by his legal representatives (respondents No.l to 5), along with plaintiff No.2 Balram.

(3.) THE defendants by filing written statement inter alia denied the plaint averments including that they were storing the stock of petrol and diesel in the suit house, but admitted that on account of fire, the house was gutted.