URMIAL DEVI Vs. BIDYA THAKUR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the respondents on this miscellaneous appeal.

(2.) This miscellaneous appeal has been preferred against the order dated 20.08.2011 passed by learned Additional District Judge, FTC-II, Samastipur in T.A. No. 4/97 whereby the learned court below rejecting the petition dated 04.02.2011 filed by the appellant nos. 3 and 4 for substitution of the heirs of appellant nos. 1 and 2 and declaring the appeal abated due to non-substitution of the legal heirs of the deceased-respondent no. 2 within the stipulated time dismissed the appeal in toto.

(3.) The factual matrix of the case is that the plaintiffs, who happen to be respondent nos. 1 to 15 filed Title Suit No. 65/89 for declaration of title, possession and injunction.