HARE KRISHNA KUMAR SINGH Vs. RAJ KUMARI DEVI

JUDGEMENT

(1.) A judgment and decree dtd. 6/7/1993 passed by a learned single Judge of this Court in First Appeal No. 633 of 1970, whereby a judgment and decree passed by learned Additional Subordinate Judge-II, Darbhanga, in Title Suit No.28/13 of 1962/1963 has been affirmed, is put to challenge in the present appeal under Clause X of the Letters Patent of this Court.

(2.) We have heard Mr. Jitendra Nath learned counsel assisted by Mr. Pankaj, learned Advocate for the appellants and Mr. Vivekanand Kumar, learned counsel for the respondents. Lower Court records had been called, which we have carefully perused.

(3.) The suit was instituted by one Devkala Devi seeking relief for partition of the properties enumerated in Schedule-I (Ka), II and III of the plaint. The original appellant, Birendra Narain Singh (Defendant No.7), died during the pendency of the appeal on 29/10/2003. The sons of the appellant, namely, Ganpati Prasad Singh and Pashupati Prasad Singh are respondents No.12 and 13 herein, who have not sought for their transposition after death of Birendra Narain Singh, the appellant. The grandchildren of the appellant, Birendra Narain Singh, after having been substituted under the orders of this Court are pursuing the present second appeal.