JUDGMENT :

Sanjay K. Agrawal, J.

1. Proceedings of this matter have been taken-up for final hearing through video conferencing.

2. This second appeal preferred by original plaintiff-Ganga Bai has been admitted for final hearing on 15.9.2020 by formulating the following substantial question of law:-

"Whether the first appellate Court is justified in holding that the declaration sought for regarding the civil death of Bhagwat cannot be granted under Section 34 of the Specific Relief Act, 1963, by recording the finding which is perverse to the record?"

(For the sake of convenience, parties hereinafter will be referred as per their status shown and ranking given in the plaint before the trial Court.)

3. Original plaintiff-Ganga Bai was wife of defendant No. 1-Bhagwat (She died during the pendency of this second appeal). She filed a suit on 25.10.99 pleading inter-alia that her husband Bhagwat is not known for last 23 years (since 1976) and therefore, decree be granted stating that defendant No. 1 has died civil death as he is not known for last 23 years and claimed decree of declaration simpliciter for declaration that defendant No. 1-Bhagwat has suffered civil death. Defendant Nos. 4 to 6