SUMITRA DEVI Vs. JALESHWAR SHARMA; VIJAY NARAIN; CHANDRA BHUSAN AJAD; VINDHYACHAL SHARMA; BACHIA DEVI AND OTHERS

JUDGEMENT

(1.) I have heard the appellants. No one has appeared on behalf of the respondents.

(2.) This appeal has been preferred against the judgment dated 5.5.2000 passed in F.A. No.46/1978 by a Single Bench of this Court affirming the judgment and decree dated 2.12.1977 passed in Title Suit No.175/1972, 16/1975 by the Additional Subordinate Judge III, Patna.

(3.) At the outset, it was vehemently argued on behalf of the appellants that the judgment delivered by the learned Single Judge cannot be sustained in law in view of non-compliance of the provisions contained in Rule 31 of Order XLI of the Code of Civil Procedure (hereinafter referred to be as the "CPC") and, thus, is liable to be set aside on that ground alone.