SITA RAM THAKUR Vs. NANDU JHA

JUDGEMENT

(1.) The appellant and the other plaintiffs filed the suit out of which this second appeal arises for declaration of their title to and recovery of possession of a small piece of land claimed to be part of plot No. 317 khata No. 605, detailed in the plaint. The plot No. 317 belongs to the plaintiffs and the adjacent plot No. 316 to the defendant. The plaintiffs alleged encroachment. The defendant detailed the claim.

(2.) During the pendency of the suit in the trial court the plaintiff No. 2 died and an application for substitution of his heirs was made. The learned Munsif directed the application to be placed for orders on the next date, but later lost sight of the same and without any orders thereon; the suit proceeded to trial.

(3.) The learned Munsif accepted the plaintiffs' case and decreed the suit. On appeal the lower appellate court reversed the decision. One of the plaintiffs has now come to this Court in second appeal.