DEOCHAND SARDA Vs. SURENDRA NARAYAN SUKUL

JUDGEMENT

(1.) Heard Mr. G.N. Sahewalla, learned Senior Counsel assisted by Ms. S. Katakey, learned counsel appears on behalf of the petitioners. I have also heard Mr. S.D. Purkayastha, learned counsel appearing for the respondents.

(2.) This is an application under Article 227 of the Constitution of India challenging the order dtd. 21/6/2019 passed by the Civil Judge No.1, Cachar, Silchar in Title Appeal No. 14/2000.

(3.) The question which is involved in the instant matter is as to whether the non-substitution of some of the legal representatives of the original plaintiff as well as non-substitution of some of the legal representatives of the original defendant no.2 would amount to abatement of the appeal being Title Appeal No. 14/2000 as a whole or for that matter the claim of rights being severable, the Appeal shall not abate.