Anuja Prabhudessai, J. - (1.) This second appeal is admitted on the following substantial questions of law:- (i) Whether Order 8 Rule 10 of CPC mandates the trial court to decree the suit for non-filing of written statement; (ii) Whether the judgment of the first appellate court is vitiated for reversing the findings of the trial court without assigning reasons; (iii) Whether the Appeal preferred by the Respondent No. 1/ plaintiff abated in its entirety for not bringing on record the legal representatives of the original deceased Defendant nos. 4, 8 and 9, who died during the pendency of first Appeal.
(2.) The appeal is heard finally at the stage of admission with the consent of the learned counsel for the respective parties.
(3.) The Appellants herein have challenged the judgment and order dated 2/1/2009 whereby the learned District Judge-1, Sangli allowed the Regular Civil Appeal No.84 of 1999, set aside the judgment and decree dated 4/1/1999 passed by the learned C.J.J.D., Vita and thereby decreed the Regular Civil Suit No.208 of 1991 filed by the Respondent No.1-Sunita.;