KADMI MANDALAIN Vs. NOMITA PANJARIN

JUDGEMENT

(1.) These appeals filed against the judgment dated 4.4.1987 in Title Appeal No. 57 of 1975 passed by VIth Additional District Judge, Dumka whereby and where under he allowed the appeal in part and held that respondent No. 2 Kalia Mandalain (Original Appellant of S.A. No. 204/87) is not entitled to get any share in suit property, whereas plaintiff and defendant No. 1 entitled to get 1/2 share in suit property.

(2.) It is relevant to mention that S.A. No. 223 of 1987 (P) was filed by Bharan Mandalain (defendant No. 1) who died during the tendency of present appeal and in her place her daughter Mangll Devi was substituted. From the perusal of record of S.A. No. 204 of 1987(P), it appears that plaintiff and defendant No. 2 died long ago and their legal heirs substituted vide order dated 10.3.1998. However, it appears that substituted appellant of S.A. No. 223 of 1987(p) had not taken step for substitution of legal heirs of plaintiff and defendant No. 2 i.e. respondent Nos. 1 and 2. Under the said circumstance. S.A. No. 223 of 1987(P) stand abated against respondent Nos. 1 and 2. Accordingly, S.A. No. 223 of 1987(P) is dismissed.

(3.) S.A. No. 204 of 1987 (P) admitted on 16.11.1987 on the following substantial question of law: