RAJMANI SINGH Vs. DAYARAM

JUDGEMENT

(1.) This appeal under Order 43 Rule 1(K) of the Civil Procedure Code, 1908 has been filed against the order dtd. 14/1/2015 passed in M.J.C.No.13/2014 by the Second Additional District Judge, Sidhi dismissing the Regular Civil Appeal No. 185A/2014 in the effect of abatement, arising out of the judgment and decree dtd. 28/10/2005 passed in C.S. No.242A/2003 by the Second Civil Judge, Class II, Sidhi.

(2.) The brief facts of the case are that plaintiff Ram Pratap Singh filed Civil Suit for declaration, possession and for the mesne profits in respect of land bearing old khasra Nos. 808,809,810,811,812,813,814,815,816 and 819 and new khasra Nos. 794,796,797, 798, 799,805,808,809,812,795 and 795/12 situated at village - Panwar Chouhanan Tola, 55/45 Tehsil -Gopadbanas, District Sidhi.

(3.) Vide judgment and decree dtd. 28/10/2005 the trial Court dismissed the suit. Being aggrieved by the judgment and decree passed by the Second Civil Judge, Class II, the plaintiffs / appellants filed miscellaneous appeal before the Second Additional District Judge, Sidhi. During the pendency of the appeal, defendant No.1 Dwarika Prasad died and, therefore, legal representatives of respondent No.1 were brought on record as respondents No. 1 to 1(f).