MUNI BHAGAT Vs. RAMGATI BHAGAT

JUDGEMENT

(1.) This First Appeal has been filed under Section 96 of the Code of Civil Procedure against the judgment and decree dated 20th September, 1977 passed in Partition Suit Nos. 29/4 of 1975/1977 by learned 4th Additional Subordinate Judge, Gopalganj, whereby the aforesaid partition suit brought by the plaintiffs-respondent 1st party herein was decreed with costs. By office notes dated 26.2.2014, it has been pointed out that this Appeal has become incompetent in view of its abatement against the heirs and legal representatives of some of the deceased respondents. Therefore, competency matter of the present First Appeal was placed for consideration before the Bench.

(2.) I heard learned counsel appearing on behalf of the appellants at length on the question of competency of the present Appeal. However, none appeared on behalf of the respondents.

(3.) It is not under dispute that by the office notes dated 4.4.2000, it was pointed out that the Process Server reported that respondent Nos. 10 and 11 are dead. In that view of the matter, by order dated 4.5.2000 passed by the learned Lawazma Board, two weeks' final time was granted to the appellants for taking steps for substitution vice deceased respondent Nos. 10 and 11, subject to law of limitation. Admittedly, the aforesaid order dated 4.5.2000 was not carried out by the appellants, which finds mentioned in the order dated 5.7.2000 passed by learned Lawazma Board. Consequently, when the matter was placed for consideration before a Bench of this Court, by order dated 10.8.2000, a note of abatement was recorded against the heirs of the deceased respondent Nos. 10 and 11.