HEM NARAIN SINGH Vs. GANESH SINGH

JUDGEMENT

(1.) This is an application for review of the judgment and order passed on 24th Sept. 1974 in Second Appeal No. 485 of 1970 whereby the said second appeal was dismissed by a learned single Judge of this Court.

(2.) For deciding this review petition, no detailed investigation into the fact is necessary. Therefore, the bare facts which are necessary for decision in this case are as follows:-

(3.) His Lordship further noted that the question of abatement of the entire appeal was heard as a preliminary issue by the first appellate Court and on consideration of the rival contentions of the parties, the first appellate Court came to a finding that the suit has abated and the first appellate court also came to the additional finding that there is no merit in the appeal. During the pendency of the second appeal also two respondents, namely, respondent Nos. 24 and 61 died and a note to this effect was made vide order dated 18/01/1974.