NAND KISHORE Vs. RUKMANI DEVI

JUDGEMENT

(1.) Both these appeals have come up for the re-consideration in view of the judgment and order dated 21.10.05 passed by the Division Bench in the DB Civil Special Appeal No. 20/86.

(2.) The factual matrix of these appeals is narrated as under :-

(3.) In view of the above factual matrix submissions have been made by the learned Senior Counsel Mr. R.P. Singh appearing for Smt. Rukmani Devi and Sampat Devi, (who were the original plaintiffs and are the appellants in First Appeal No. 56/74, and the respondents in First Appeal No. 202/73), whereas the submissions have been made by the learned counsel Mr. O.P. Sharma for the original defendant No.1 Nand Kishore, and after his death, for his legal representatives, (who are the appellants in First Appeal No. 202/73 and the respondents in First Appeal No. 56/74). It has been stated by the learned counsels for the parties that the third appeal i.e. the First Appeal No. 185/74 filed by Ms. Chunnibai & another (original defendant Nos. 4 and 5) was already dismissed for default and the same has not been restored so far. The said appeal, therefore, stands dismissed as on today.