SANTOSH KUMAR DAS Vs. BHASKAR CHANDRA BEHERA.

JUDGEMENT

(1.) The appellant, by filing this appeal under section 100 of the Code of Civil Procedure (for short, 'the Code'), has assailed the judgment and decree 16.08.2019 and 29.08.2019 respectively passed by the learned District Judge, Balasore in R.F.A. No.166 of 2016. By the said judgment and decree, the lower appellate court has confirmed the judgment and decree dated 12.07.2016 and 23.07.2016 respectively passed by the learned Senior Civil Judge, Balasore, in C.S. No.548of 2010/894 of 2014. The Respondent Nos.1 to 8, as the Plaintiffs had filed the suit arraigning the Appellant as the principal Defendant, i.e, Defendant No.1 against whom the reliefs had been claimed and he alone had contested the suit. The other Defendant, i.,e, Defendant No.2 although had filed the written statement, yet did not nor participate in the hearing of the suit. During the pendency of the first appeal, said Defendant No.2, who has been arraigned as Respondent No.9 having died leaving no legal representatives, her name stood expunged.

(2.) For the sake of convenience and clarity as also to avoid confusion; the parties hereinafter have been referred to in the same rank as assigned to them in the original proceeding before the Trial Court i.e. the Appellant as 'the Defendant No.1' whereas the Respondents as 'the Plaintiffs'.

(3.) Rival case of the parties are as follows:-