MOSTT SAFEDA KUER WIFE OF RAMADHAR PANDEY Vs. SUMITRA DEVI WIFE OF RAM DHARI SHUKUL; SURJBANSHI DEVI WIFE OF RAMNATH PANDEY; RAJBANSHI DEVI ALIAS HARBANSHI DEVI WIFE OF RAMDAS TEWARI; LALITA DEBI W/O HARAKH NATH PANDEY; JAMUNA DEVI W/O JAGNARAIN PANDEY; JAGNARAIN PANDEY SON OF DOMAN PANDEY; CHANDRA K

JUDGEMENT

(1.) The present First Appeal has been filed by the plaintiffappellant herein against the judgment and decree dated 28th September, 1974 passed in Title Suit No. 73/21 of 1966/1970 by the learned 1st Additional Sub-Judge, Sasaram.

(2.) The plaintiff-appellant herein had brought the aforesaid title suit seeking partition of the suit lands, detailed in Schedule-A and B of the plaint, and for allotment of half share by appointment of a Pleader Commissioner, besides other incidental relief. The suit was contested by some of the defendants by filing their written statement and producing their witnesses. Finally, by the impugned judgment and decree, the suit brought by the plaintiff- appellant herein was dismissed on contest with costs against the contesting defendants and ex-parte without costs against the rest of the defendants.

(3.) During the pendency of the appeal, sole appellant Most Safeda Kuer died on 22.02.1987 leaving behind her three daughters as her heirs and legal representatives. After about five years, only one daughter, namely, Ram Pyari Devi filed a petition seeking her substitution in place of original deceased sole appellant. Other two daughters did not join her for being adding as co-appellants. However, by order dated 04.09.1992 passed by a Bench of this Court, the present appellant- Ram Pyari Devi was substituted and her other two sisters were directed to be added as respondents.