KISHORI PRAJAPATI Vs. CHHOTRAI MOHANTA

JUDGEMENT

(1.) The Appellants, by filing this Appeal, under Sec. -100 of the Code of Civil Procedure (for short, 'the Code') have challenged the judgment and decree passed by learned Additional District Judge, Rairangpur in T.A. No. 4 of 2001-I. By the said judgment and decree, while dismissing the Appeal filed by these Appellants under Sec. 96 of the Code; the First Appellate Court has confirmed the judgment and decree passed by the learned Civil Judge (Senior Division), Rairangpur in T.S. No. 28 of 1991. It may be stated at this stage that the present Respondent Nos. 1 to 7 as the Plaintiffs had filed the suit arraigning the Appellants and one Bipin Bihari Mohanta as the Defendants. The Appellant Nos. 1 to 3 had come on record as the Defendants after death of their predecessor-in- interest Raghunath Prajapati who was the original Defendant No.1. Respondent Nos. 1, 2 and 8 have died during pendency of this Appeal; accepting the submission of the learned counsel for the parties that Respondent No.1 was one of the Plaintiffs and he with other Plaintiffs were pursuing the suit and contesting the First Appeal as also the present Appeal, order that effect has been passed on 18/11/2021 that the substitution of his legal representatives was not so necessary as it would have no fatal consequence. Similarly, in view of death of Respondent No. 8 as he was not contesting the suit by filing the written statement nor contesting the First Appeal, the substitution of his legal representatives as submitted by the learned counsel for the parties has been said to be of no fatal consequence to the Appeal on hand. The Respondent No. 2 having died since her legal representatives are already on record as Respondent Nos. 3 to 7, her name has been deleted. The cause title of the Appeal has accordingly been corrected.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Trial Court.

(3.) Plaintiffs' case:-