ARJUN RAM KESHRI Vs. CHARAN RAM

JUDGEMENT

(1.) In this appeal, defendant No. 3, has challenged the validity of the order, dated 23.12.1976 of the court below by which it held that the appeal as a whole has abated on that ground the appeal was dismissed.

(2.) The short facts which are required to be noticed are that: a title suit was filed by Yogmaya Debi (Yogmaya for short) with regard to the suit property for declaration of title and recovery of possession in the court of Munsif, Giridih in 1964. After the death of Yogmaya her legal representatives were substituted in her place. The suit was filed against Narsingh Halwai and his son -in law Bhuneshwar. The value of the suit was raised to Rs. 5,000/ - and the plaint was returned by the Munsif for presentation before proper court. When the plaint was filed in the court of the Subordinate Judge, that was registered as Title Suit No, 98 of 1965. Defendant No. 1 (Narsingh) having died, his daughter Rakhamani Devi was substituted in his place on 11 -9 -1967.

(3.) When the appeal was thereafter listed for hearing on 18 -6 -1976 the respondents filed an application in the court below in which they stated that Naurangi Devi having died on 22 -12 -1975 and as no substitution of her legal representatives was prayed for, the appeal against her abated and as the decree was not severable, the appeal has become not maintainable. A rejoinder to that application was filed by the appellant The court below held that Naurangi Devi had died on 22 -12 -1975. It further held that as her legal representatives were not substituted and as the decree was not severable with that of Uma Devi, the appeal had abated. It accordingly dismissed the appeal. That order is the subject matter of this appeal.