RAMESHWAR RAI Vs. GOPALJEE SAHU

JUDGEMENT

(1.) THE petitioners&apos appeal has virtually stood abated having not substituted one of the plaintiffs -respondents after his death by his legal representatives.

(2.) HEARD both the sides.

(3.) THE Apex Court has held that the Court should not take a hyper -technical approach which if carried to end may result in miscarriage of justice. I may also observe that the remaining plaintiffs - respondents are none else than own brothers or their heirs of the deceased and, thus, the right to sue/defend subsists. The present case is such a case.