Sudhir Agarwal, J. - (1.) Heard Sri Kunal Ravi Singh, Advocate, for appellant. None appeared on behalf of respondents despite the case having been called in revise. Hence, I proceed to hear and decide this case finally after hearing learned counsel for appellant.
(2.) This is defendant's appeal filed under Section 100 Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") arising from judgment and decree dated 12.05.1978 passed by Sri S.C. Bose, Munsif, Basti in Original Suit No. 213 of 1972 decreeing the suit which has been confirmed by judgment and decree dated 19.10.1982 passed by Sri H.C. Lal, 1st Additional District Judge, Basti in Civil Appeal No. 177 of 1978 by dismissing the same.
(3.) Initially, this appeal was admitted on following four substantial questions of law: (a) Whether Civil Court had jurisdiction to try the suit? (b) Whether suit was maintainable in the absence of State of U.P. and Gaon Sabha as defendants? (c) Whether in view of the allegation in the plaint that 'Will' was void, suit was cognizable by Revenue Court alone? (d) Whether Smt. Dhrupraji became absolute owner of bhumidhari rights under Section 14 of Hindu Succession Act? (emphasis added);