- (1.) At the outset, learned counsel for the appellants submits that performa respondent Nos. 4 & 5 have already been deleted from the array of respondents and an order to this effect is passed by this Court on 17.01.2015.
(2.) Heard learned counsel for the parties on admission of the appeal.
(3.) The instant second appeal is admitted on following substantial questions of law:- (1) Whether the learned trial Court has rightly closed the evidence of the appellants-plaintiffs without affording last opportunity to adduce their evidence and thereafter declining the request to adduce the evidence which eventually entailed dismissal of the suit and the learned Lower Appellate Court has also not properly appreciated the same in its verdict so as to vitiate both the impugned judgments. (2) Whether the learned First Appellate Court has not properly addressed the issue that suit of the appellants involving public nuisance and other wrongful acts affecting the public has been dismissed for want of evidence by the learned trial Court resulting in miscarriage of justice.;