BABU RAM GOALA Vs. SAMIR KANTI BHOWAL

JUDGEMENT

(1.) This second appeal was admitted to be heard on the following substantial question of law.

(2.) The facts leading to the present second appeal may be stated thus:

(3.) The respondents herein and/or their predecessor-in-interest filed Title Suit No. 338/1981 for declaration of right, title, interest and recovery of possession against the appellant herein. Learned Munsiff decreed the suit in favour of the plaintiffs. The defendants (appellants herein) preferred the first appeal before the learned Civil Judge, which was registered as T.A. No. 1/1987. During the pendency of the appeal, one of the appellant (appellant No. 8), namely, Mewalal Goala died. Later on, an application was filed by the legal representative of Mewalal Gowala, the appellant No. 8, for impleadment/substitution and also for setting aside abatement. However, learned Civil Judge, by the impugned order dated 07.12.2005 rejected the petition for setting aside abatement and substitution of the legal heirs of the appellant No. 8, Mewalal Gowala and consequently dismissed the entire appeal as having been abated. Aggrieved by the said order dated 07.12.2005, passed by the learned Civil Judge, Silchar in T.A. No. 1/1987, the appellant has preferred the instant second appeal.