LAXMANLAL Vs. NARAYAN

JUDGEMENT

(1.) 1. This appeal and appeal No. 72-B of 1924 are connected appeals, arising from the same judgment and decree dated 13th September 1924, passed by Additional District Judge, Amraoti, in Civil Suit No. 21 of 1923 and, therefore, this judgment will govern both the appeals. This suit was filed on 12th January 1923 by Walla Bai, Narayan and Maroti for recovery of Arjun's property, which was alienated by his widows. Walla Bai claimed the property as Arjun's daughter and Narayan and Maroti were added as co-plaintiffs, as they had purchased a portion of the undivided property from Walla Bai. After the institution of the suit Walla Bai sold the remaining portion of the property to Narayan and Maroti, who became the sole plaintiffs in this suit and the name of Walla Bai was removed from the record on 3rd September 1924. The appellants in First Appeal No. 67-B of 1924 are Laxmanlal Kunjilal, Laxman and Zibal, and they were defendants 7, 8, 9 and 10 in the suit. The decree passed against them is contained in paras. (6) and (7) of the decree, which runs as follows:

(2.) AFTER the filing of the appeals the respondent Maroti died at mouza Rajura on 12th May 1926, and the appellants filed applications to bring the legal representatives of the deceased respondent on record. The appeal abated on 12th August 1926 as against Maroti and as sufficient cause was not shown for setting aside the abatement, the applications were dismissed on 3rd April 1929.