SURYA NARAIN SINHA Vs. MAIYAN DEVI

JUDGEMENT

(1.) This First Appeal has been filed against the judgment and decree dated 20th August, 1980 passed in Title Suit Nos. 66/12 of 1965/1980 by the learned 3rd Additional Subordinate Judge, Biharsharif. The plaintiffs-respondent 1st party herein, brought the aforesaid suit for partition and for allotment of share to the extent of 37 1/2 paise in the suit properties, fully described in Schedules 1 and 2 of the plaint. The suit was contested by the defendant Nos. 1 to 5 by filing their joint written statement. Separate written statement was also filed on behalf of the minor defendants resisting the prayer made on behalf of the plaintiffs in the aforesaid suit. Finally, by the impugned judgment and decree the suit was decreed in part on contest with proportionate costs and it was held that the plaintiffs are entitled to get their 1/4th share or to the extent of 25 paise share in the suit properties detailed in Schedule-I of the plaint.

(2.) The defendant Nos. 2 to 5, being aggrieved by the impugned judgment and decree, preferred the present appeal, which was admitted by this Court for hearing and notices were issued to the respondents.

(3.) By the office notes dated 19.2.2014/20.2.2014, it was pointed out that respondent Nos. 10(h) and 16 are reported to have died during the pendency of the appeal. Besides that, other defects were also pointed out by the aforesaid office notes regarding service report of appeal notice upon the respondents.