JAYARAM Vs. HARAMANI BEHERA AND ORS.

JUDGEMENT

(1.) This appeal has been filed challenging the judgment and decree passed by the learned District Judge, Cuttack in RFA No. 143 of 2007 affirming the final decree passed by the learned Second Addl. Civil Judge (Sr. Divn.), Cuttack in T.S. No. 424 of 1993. Facts necessary for the purpose are stated hereunder:--

(2.) The appeal has been admitted on the following substantial question of law:

(3.) It is pertinent to state here that the defendant No. 1's specific challenge to the final decree is that prior to the sealing and signing of the final decree on 20.6.2007, the defendant No. 9 (Kusum Muduli) had died on 11.1.2006 and her legal representatives were not brought on record. So, the final decree having been passed against one of the defendants who was by then dead and was not represented in the said proceeding, the final decree is a nullity.