DHARAM RAJ GOALA Vs. DINESH KR. JAIN

JUDGEMENT

(1.) Heard Mr. GN Sahewalla, the learned senior counsel assisted by Ms. S Todi, the learned counsel for the appellant and Mr. S Sahu, the counsel appearing on behalf of the respondent No.1. None has appeared on behalf of the other respondents.

(2.) At the outset, it is relevant to take note of the submission of the learned senior counsel appearing on behalf of the appellants that the respondent No.19 who was the co-appellant in Title Appeal No. 16/1989 along with the defendant No.1, expired on 10/11/2001 during the pendency of the said Title Appeal No.16/1989 and before the completion of the hearing of the said appeal. He therefore submits that the said appeal i.e., the Title Appeal No.16/1989 in so far as the respondent No.19 herein/defendant No.30 in so far as said Appeal had abated. It is also relevant at this stage to take note of the submission of Mr. S Sahu, the learned counsel for the respondent No. 1, that by virtue of Order XLI Rule 4 of the Code, the defendant No.1/co-appellant in Title Appeal No.16/1989 can maintain the said appeal dehors the abatement of the said appeal in so far as the other co-appellant is concerned. The learned senior counsel for the appellant also submitted that as regards the Title Appeal No.14/1989 and Title Appeal No.15/1989, the matters have been already amicably resolved and as such, the instant appeal is only restricted to the adjudication in so far as the Title Appeal No.16/1989 is concerned.

(3.) This Court vide an order dt. 31/8/2001 admitted the instant appeal by framing two substantial questions of law which are as herein under: