BINDESHWAR PRASAD SINGH Vs. DEOPARI DEVI

JUDGEMENT

(1.) The present second appeal has been filed against the judgment and decree passed and prepared on 17/8/1988 and 2/9/1988 respectively, by 2nd Additional District Judge, Saran at Chapra in Title Appeal No.165 of 1981/16 of 1987, affirming the judgment and decree dtd. 14/8/1981, passed by the 6th Additional Sub-ordinate Judge, Saran in Title Suit No.69 of 1976/61 of 1981.

(2.) This second appeal has been filed against the concurrent judgment and decree passed by the original Court and the appellate Court. The sole appellant, who preferred the present memorandum of appeal, died on 17/9/1997 leaving behind his four heirs and legal representatives. His heirs and legal representatives had been substituted. One of his heir and legal representative has been added as appellant in the present appeal, but his other heirs and legal representatives have been permitted to add as respondent Nos.3 to 5 vide order dtd. 20/5/1998. Appeal notice was validly served upon the respondents and then the present appeal has been fixed under the heading for final hearing, before Hon'ble Bench. Subsequently, vide order dtd. 1/7/2024, this second appeal has been fixed for ex parte hearing under the provisions of Order 41 Rule 17(2) of the Code of Civil Procedure, 1908. Learned Counsel has pleased to argue this matter and also filed written argument on the substantial question of law framed.

(3.) Counsel for the appellant submits that the original plaintiffs (present respondent Nos.1 & 2) filed a suit for declaration that the deed of gift dtd. 21/9/1972, Exhibit-B, executed by the plaintiffs in favour of the defendant was declared null and void, inoperative and not binding upon the plaintiff and further prayer has been made for cancellation and setting aside the alleged deed dtd. 21/9/1972.