LAWS(PAT)-2016-9-127

LAL KESHARI DEVI Vs. SMT. KAMLA DEVI

Decided On September 06, 2016
Lal Keshari Devi Appellant
V/S
Smt. Kamla Devi Respondents

JUDGEMENT

(1.) The plaintiffs have filed this First Appeal against the judgment and decree dated 12.9.1962 passed by the learned 1st Additional Subordinate Judge, Ara in Title Suit Nos. 32 of 1957/5 of 1962 whereby the Court below dismissed the plaintiff-appellant's suit.

(2.) It may be mentioned here that this First Appeal was decided by this Court by judgment and decree dated 21.8.1997 whereby the First Appeal was dismissed on the ground that the suit is barred under Sec. 69 of the Partnership Act. Against the judgment and decree, L.P.A. was filed by the plaintiffs. The L.P.A. Court also dismissed the L.P.A. on 7.1.1998 and confirmed the judgment passed by the Single Judge. Thereafter, the plaintiff filed Civil Appeal No. 6062 of 1998. The Honourable Supreme Court by terms of judgment dated 15.7.2004 passed the following order:

(3.) After the judgment of the High Court, the appeal remain pending before the High Court because the respondents and other parties died and substitution were made and fresh notice were issued to the substituted respondents.