P.P. Bhatt, J. - (1.) PRESENT writ petition has been filed under Article 227 of the Constitution of India, being aggrieved and dissatisfied with the order dated 11.11.2009, passed by learned District Judge, Bokaro in Title Appeal No. 24/2005, whereby learned District Judge (lower appellate court) set aside the judgment and decree dated 4.8.2005, passed by learned Sub Judge -II, Bokaro in Title Suit No. 54/91, as the said judgment and decree was passed against the dead person.
(2.) LEARNED counsel for the petitioners submits that the learned lower appellate court has not properly appreciated the facts and has committed an error while passing the said order. It is submitted that best course before the learned lower appellate court was to remand the case, while setting aside the judgment and decree, which was passed against the dead person, but, instead of doing so, learned lower appellate court set aside the judgment and decree passed by the learned court -below. Learned counsel for the petitioners, in support of his contention, has referred to and relied upon the decision delivered in the case of "Kanailal Manna and others versus Bhabataran Santra and others", reported in : AIR 1970 CALCUTTA 99.
(3.) LEARNED counsel for the respondents -State Government, has submitted that learned lower appellate court has not committed any error while passing the said order. It is submitted that plaintiffs ought to have taken steps for substitution of legal heirs of the deceased -plaintiff at the relevant point of time and thus, learned counsel for the respondents -State Government has tried to justify the order passed by the learned lower appellate court.;