JUDGMENT

Gaurang Kanth, J.

1. The present Regular First Appeal under Section 96 of Civil Procedure Code, 1908 (`CPC') arises out of the Judgment and Decree dated 14.01.2015 (`Impugned Judgment') passed by the Additional District Judge, North East District, Karkardooma Courts, Delhi in CS No. 73/2014 titled as `Smt. Bimla Chopra & Anr. Vs Sh. Kuldeep.' Vide the Impugned Judgment, the learned Trial Court had dismissed the Suit of the Appellants (original Plaintiffs), consequently, the Appellants have sought for setting aside and reversal of the Impugned Judgment in the present Appeal and for the consequent relief of decreeing the Suit of Appellants.

2. During the pendency of present Appeal, the unfortunate demise of Appellant No. 1 took place. Appellant No. 2 moved an Application under Order XXII Rule 2 CPC claiming herself to be the sole surviving legal heir of Appellant No. 1 and further claiming that the right to sue still survives in her favour. The said Application was allowed by this Court and the memo of parties in the present Appeal was amended accordingly.

FACTS GERMANE FOR ADJUDICATION OF THE PRESENT APPEAL

3. The Appellants had filed the Suit bearing No. CS No. 73/2014 se