URMILA DEVI Vs. RAMESHWARI DEVI

JUDGEMENT

(1.) The question which arises for consideration in this Civil Revision application is whether Title Suit No. 4 of 1980 has abated as a whole on account of non-substitution of legal heirs of plaintiff No. 9 who died during the pendency of the suit and no application was filed for substitution of his legal heirs.

(2.) The suit was earlier filed by the plaintiff first party for preliminary decree of 1/2 and l/4th share of item Nos. 1 and 1 (a) respectively, of the plaint and for allotment of separate takhta and for passing of a final decree in terms thereof.

(3.) During the pendency of the suit the original plaintiff No. 1 Yadunath Jha has executed different sale-deeds on 17.12.1980 purporting to transfer 2 bighas, 4 kathas, 4 dhurs and 8 dhurkis of suit land from out of his own share to opposite party Nos. 6 to 11 and to one Bhola Jha (since deceased). The details of these transfers are mentioned in the petition dated 24.8.81 filed by opposite party Nos. 6 to 11 and late Bhola Jha (Annexure 2) for impleading them as co-plaintiffs, in view of subsequent event. The opposite party Nos. 6 to 11 were impleaded as plaintiffs. Thereafter plaintiff No. 9 died. On the application filed by the petitioners the learned Sub-ordinate Judge heard the parties on the question of abatement and held that the entire suit has not abated but suit has abated only in respect of deceased plaintiff No. 9.