REGENT COMPUTRONICS PVT. LTD.

RAGHU SUTAR Appellant

V/S

NRUSINGHA NATH THAKUR Respondents

Referred Judgements :-

LACHMI NARAIN V. MUSADDI LAL [REFERRED TO]
SRIPAD BALVANT V. NAGU KUSHABA [REFERRED TO]
NANAK V. AHMAD ALI [REFERRED TO]
MALOBI V. GAUS MOHAMMAD [REFERRED TO]
SONAHAR ALI V. MUKBUL ALI [REFERRED TO]
RAM BHAROSEY VS. MAHADEO SINGH [REFERRED TO]
ANANGA BHUSAN SAMANT SINGHAR MOHAPATRA VS. UCHHAB SAHU [REFERRED TO]
BHAJAN JENA VS. PANCHU JENA [REFERRED TO]
HARIHAR PATI VS. SISIR KUMAR BOSE [REFERRED TO]
RAMDHARI SINGH VS. RAMBHAROSA SINGH [REFERRED TO]
RAMPHAL SAHU VS. BABU SATDEO JHA [REFERRED TO]
HARI CHARAN MOULIK VS. KALIPADA CHAKRAVARTY [REFERRED TO]
MRITUNJOY DAS VS. SABITRIMONI DASI [REFERRED TO]

JUDGEMENT

(1.) THE defendants are the appellants before us. In May 1950, the plaintiffs filed a suit against the defendants alleging that they were trespas ers on the suit land. In september, 1951, there was a decree for ejectment of the defendants. Against the said decree, seven defendants appealed. During the pendency of the appeal one of the defendants being defendant No. 6 Chintamani Paital, died leaving him surviving his heirs and legal representatives. Admittedly, there was no substitution of the deceased's heirs and legal representatives.

(2.) THE only question for consideration on these facts, briefly stated above, is whether it was a case of partial or total abatement.

(3.) IT appears from the frame of the suit, as in the plaint, that it was a suit for declaration of the plaintiff's title. The prayers in paragraph 10 of the plaint are as follows:

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RAGHU SUTAR Vs. NRUSINGHA NATH THAKUR

Referred Judgements :-

JUDGEMENT

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