DHRUB PD CHAUDHARY Vs. MANIK RAJ DEVI

JUDGEMENT

(1.) THIS appeal arises out of the judgment and decree dated 31.08.1988 passed by Sub-Judge-1, Motihari, East Champaran in T.S. No. 167 1982 filed by the plaintiff-appellant for declaration of his right, title and interest over six dhurs of land of Plot No. 2772.

(2.) DURING the pendency of this appeal the respondent no. 1 Bhagwat Singh died and the substitution was made in that regard and his widow had been substituted in his place. However, due to the failure of the appellant in taking steps for issue of appeal notices on the substituted heir of the deceased respondent no. 1, this appeal stood dismissed as against the substituted heir of the deceased respondent no. 1 for non-compliance of the order dated 27.07.1993. It further appears that this appeal subsequently also stood dismissed against the respondent no. 2, respondent no.3 (vii) to 3 (viii) and heirs of the deceased respondent no. 4 in default for non-compliance of the orders.

(3.) THERE is, thus, no sufficient cause furnished by the appellant for restoration of this appeal even with regard to respondent no. 3 (vii) to 3 (viii) as prayed. This interlocutory application is dismissed accordingly.