SURTAN Vs. RAGHUNATH PRASAD

JUDGEMENT

(1.) This is defendant's Second Appeal. The suit of plaintiff for declaration and injunction in respect to certain agricultural lands which is the subject-matter of the suit was filed by the plaintiff on the basis of his Bhumiswami right. The learned trial Court decreed his suit. An appeal was preferred by defendant/appellant and during the pendency of First Appeal, plaintiff No. 1 - Raghunath Prasad died on 1-11-1988. An application was submitted for bringing his LRs. on record which was dismissed by learned First Appellate Court on 12-1-1993. Against the said order the defendant filed petition (W.P. No. 303/1993) under Article 227 of the Constitution of India before this

(2.) In this manner this Second Appeal has been filed by the defendant.

(3.) This Court on 4-10-2007 admitted this Second Appeal on the following substantial question of law :-