KAMALA ALIAS KAMALINI DEI Vs. KHANKIRAM DAS MAHAPURUSA

JUDGEMENT

(1.) WHETHER this appeal has become incompetent as a whole on account of the death of some of the respondents and what would be the correct test for dealing with the question of incompetency are the questions which have fallen for consideration in this appeal under the Letters patent jurisdiction of this Court.

(2.) THE appeal is by the defendants whose Miscellaneous Second Appeal arising out of an execution proceeding has been dismissed by a learned single Judge of this Court.

(3.) THE plaintiff -respondents filed a suit for declaration that plaintiff No. 1 represented by plaintiff Nos. 2 to 4 was the owner of the suit land described in Schedule 'Kha' to the plaint. Accordingly, the sale, deed executed by defendant Nos, 10 to 12 in favour of defendant Nos 1 to 3 treating the property as their personal property was challenged.