ROSHAN RAI Vs. SK.NIZAMUDDIN

JUDGEMENT

(1.) THIS First Appeal has been filed against the judgment and decree th dated 19 February, 1975 passed in Title Suit No. 77/135 of 1969/74 by the learned 5th Additional Sub -ordinate Judge, Motihari.

(2.) THE plaintiff -original appellant herein, brought the aforesaid suit for declaration of title and recovery of his possession along with mesne profit against defendant 1st party with respect to the suit land, fully detailed in Schedule 1 of the plaint, or alternatively, for a decree of partition of the lands, fully detailed in Schedule 2 of the plaint, against all the defendants.

(3.) DURING the pendency of the appeal, sole plaintiff - appellant herein died on 17.3.1980. By an order dated 25.7.1980 passed by a Division Bench of this Court, heirs and legal representatives of deceased sole appellant were substituted and they all entered appearance through their counsel by filing their duly executed Vakalatnama. Subsequently, appeal was admitted by an order dated 9.7.1981 and notices were issued to the respondents, whereafter the case became ready for final hearing and was, accordingly, listed under the heading "For hearing".