SATYANARAYAN GOPE Vs. SANTOSH KUMAR YADAV

JUDGEMENT

(1.) THIS appeal has been filed under Order 43 Rule 1 (k) of the C. P. C. for setting aside the order dated 30-11 -2002 passed in Misc. Case No. 1 of 2002 arising out of Title Appeal No. 113 of 1989 which has been dismissed as abated vide order dated 20-3-2002.

(2.) THE plaintiffs who are appellants in this appeal, filed a Suit for partition and prayed for preliminary decree for them for 12/-annas share in the suit lands given in the plaint which was registered as Title Suit No. 94/82/14/39. After hearing the parties and considering the oral and documentary evidence, the learned Sub Judge dismissed the suit as not maintainable by its judgment dated 12-6-1989. Against the said judgment and decree the appellants preferred a Title appeal before the Court of District Judge giridih, which was registered as T. A. No. 113 of 1989. During course of hearing of the appeal, the defendant/respondents filed a petition dated 14-3-2002 wherein it has been stated that he appellant No. 1 Kewal Mahato died four years ago leaving behind him, his six sons and three daughters. It is further stated in the said petition that the appellant No. 2 namely Dukhi also died six years before leaving behind her only son Damodar gope who also died leaving behind his only son Monohar Yadav. The respondent No. 2 bulaki Devi died one year ago leaving behind her two sons and six daughters and further respondent No. 3 Pachu Das also died six years ago leaving behind his two sons namely Amrit Das and Tulsi Das.

(3.) THE appellants filed a rejoinder challenging the aforesaid petition dated 14-3-2002 and also filed a petition for substituting the heirs of appellant Nos. 1 and 2 as well as of the respondent Nos. 2 and 3 along with a petition under Section 5 of the Indian Limitation Act for condoning the delay.