LAWS(HPH)-2021-7-21

CHUGHI DEVI Vs. NIKA RAM

Decided On July 05, 2021
Chughi Devi Appellant
V/S
NIKA RAM Respondents

JUDGEMENT

(1.) Predecessor-In-Interest of appellants No.1 to 4 and proforma respondents No.6 to 10 had filed Civil Suit No.54 of 2007 and for their death during pendency of the suit, appellants No.1 to 4 and respondents No.6 to 10 were brought on record as plaintiffs. Suit was dismissed vide judgment and decree dated 30.06.2015, passed by learned Civil Judge (Junior Division) Court No.2, Sundernagar, District Mandi, H.P., in Civil Suit No.54 of 2007, titled as Parwati (deceased through L.Rs.) vs. Nikka Ram & others.

(2.) Dismissal of the suit was assailed by the appellants No.1 to 4 by filing Civil Appeal No.187 of 2015, titled as Chughi Devi & others vs. Nikka Ram & others. Whereas, other plaintiffs, who are respondents No.6 to 10, did not opt to assail the judgment and decree passed by the trial Court and thus in first appeal also, were arrayed as proforma respondents No.6 to 10 alongwith other defendants and proforma defendants. This appeal was dismissed by learned Additional District Judge, Sundernagar, District Mandi, H.P., vide judgment and decree dated 10.11.2020.

(3.) Present Regular Second Appeal has been preferred by appellants No. 1 to 4 assailing aforesaid judgment and decree dated 10.11.2020 passed in Civil Appeal No.187 of 2015, arraying parties in the same fashion as were before learned Additional District Judge Sundernagar.