JANKI PODDAR Vs. SITARAM PODDAR

JUDGEMENT

(1.) In Title Appeal No. 61 of 1983, pending before the IVth Additional District Judge, Bhagalpur, at the instance of the appellants herein, respondents 1 and 8 died. On 27.3.1985, a petition on behalf of the respondents was filed stating therein that Santokhi Mandal, respondent No. 8 died on 11.11.1984 and thereafter on 3.5.1985 another petition was filed stating therein that respondent No. 1 died on 15.1.1985 and steps for substitution having not been taken in time, the appeal stood abated.

(2.) However, on 9.5.1985, the appellants filed a petition for substitution. It was claimed therein that the respondent No. 1 died on 10.2.1985. The date of death of respondent No. 8 as given by the respondents was also challenged, but no specific date was given.

(3.) In this regard, the parties adduced oral evidence and a number of documents were exhibited. The Court below accepted the respondents1 version that Hari Poddar, respondent No. 1 died on 15.1.1985. No petition for condoning the delay and setting aside abatement was filed.