- (1.) Heard Sri Arvind Kumar Singh, Advocate has put in appearance on behalf of defendants-appellants and Sri Ram Niwas Singh, Advocate, has appeared on behalf of plaintiff-respondents.
(2.) This is defendant's appeal under Section 100 C.P.C. After hearing this appeal under Order XLI, Rule 11, C.P.C., this Court formulated following substantial questions of law: "(i) Whether the sole allegation made by the plaintiff-respondent in the plaint that Smt.Ramdei had died in October, 1986 is barred by the principle of res judicata in pursuance of the judgment and decree passed in O.S.no.227/1969 and the judgments and decrees passed by this Court in Civil Misc. Writ Petitions no.1085/69 and 1328/69, 1329/69 and 1330/69? (ii) Whether the suit of the plaintiff-respondent is barred by the judgment and decree against which second appeal no.2276 of 1977 is pending before this Court in which basic claim of the plaintiff-respondent that smt. Ramdei died in October 1966 was found incorrect? (iii) Whether the suit of plaintiff-respondent could be decreed by giving the reasoning that Smt. Ramdei was not produced by the defendant while there was no such application at any time filed by the plaintiff nor any such order was passed by the court concerned? (iv) Whether the finding recorded by the lower appellate court on the basis of the presumption that the death of Smt. Ramdei could be presumed on the date of sale deed while there was evidence filed by the defendant-appellant that Smt. Ramdei died only in the year 1980?"
(3.) The defendant-appellants for brevity hereinafter referred to "defendant" while plaintiff-respondents for brevity hereinafter referred to "plaintiff".;