PURNA CHANDRA GOUR Vs. KHAKA GOUR

JUDGEMENT

(1.) HEARD Mr. Debi Prasad, learned Sr. counsel for the petitioner and Mrs. Jaya Roy, learned counsel for the opposite parties.

(2.) THIS revision application is directed against the order dated 20.6.98 passed by the First Additional District Judge, Jamshedpur in Title Appeal No. 32/91 whereby he has recalled the order dated 11.6.97 and held that the appeal stood abated for non -substitution of legal representatives of respondent no.3.

(3.) MR . Debi Prasad, learned Sr.Counsel for the petitioner, assailed the impugned order mainly on the ground that the lower appellate court has failed to examine the record and appreciated the fact that the deceased Durai Birua had not contested the suit rather compromised the same and as such he was impleaded merely as proforma respondent in the appeal. Learned counsel further submitted that in any view of the matter the court below could not have dismissed the suit as abated as a whole inasmuch as at best the appeal would be abated only against the proforma respondent. I find force in the submission of the learned counsel.