JUDGMENT :

Devashis Baruah, J.

1. Heard Mr. G.N. Sahewalla, learned Senior Counsel assisted by Ms. S. Katakey, learned counsel appears on behalf of the petitioners. I have also heard Mr. S.D. Purkayastha, learned counsel appearing for the respondents.

2. This is an application under Article 227 of the Constitution of India challenging the order dated 21.06.2019 passed by the Civil Judge No. 1, Cachar, Silchar in Title Appeal No. 14/2000.

3. The question which is involved in the instant matter is as to whether the non-substitution of some of the legal representatives of the original plaintiff as well as non-substitution of some of the legal representatives of the original defendant no. 2 would amount to abatement of the appeal being Title Appeal No. 14/2000 as a whole or for that matter the claim of rights being severable, the Appeal shall not abate.

4. This proceeding arises out of a suit being Title Suit No. 189/1977 filed by one Surendra Narayan Sukul who happens to be the predecessor-in-interest of the respondents. The said suit was filed against one Deochand Sarda who happens to be the predecessor-in-interest of the petitioners before this Court. The said suit was a suit for evictio