MACHABBIR ALI & ANR. Vs. MATABUDDIN & ANR.

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree passed on appeal by Assistant District Judge No. 1, Cachar Silchar in Title Appeal No. 43/77 reversing the Judgment and decree passed by the learned Munsiff No. 1, Silchar in Title Suit No. 170 of 1984.

(2.) The appellants filed a suit in the court of the Munsiff for declaration of Title and delivery of khas possession. It was decreed by the learned Munsiff on contest. On appeal the learned Assistant District Judge set-aside the judgment and decree passed by the Trial Court on the ground of nonjoinder of parties and dismissed the suit. Being aggrieved the plaintiff has approached this court in second appeal.

(3.) The question of law for determination is whether on the facts and in the circumstances of the case the learned lower appellate court was correct in dismissing the suit on the ground of defect of parties.