NIWAS PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have filed this appeal against the judgment and decree dated 20.9.1989 passed by the Sub -ordinate Judge I, Bhabhua in Title Appeal No.9 of 1983, whereby the learned Sub -ordinate Judge had dismissed the title appeal and confirmed the Judgment and decree passed in Title Suit No.58 of 1977/94 of 1979 by the Additional Munsif, Bhabhua. The learned Additional Munsif had dismissed the title suit of the plaintiffs who are appellants in this appeal. It has been prayed to set aside the judgment and decree of the courts below and to decree the suit in full. The plaintiffs had filed the suit for declaration of title and confirmation of possession over that suit land.

(2.) THE substantial question of law in this second appeal is: Whether the court below is right in refusing the decree and dismissing the appeal in absence of any contest by the State Government and on the basis of the attitude of the defendant no.4, who supported the case of the -plaintiff?

(3.) IT was argued by the learned lawyer for the appellants that no written statement had been filed by the State Government and no evidence had been adduced on behalf of the State in the trial court.