JUDGMENT

Dr. A.K.RATH, J - By this application under Article 227 of the Constitution of India, the petitioner has challenged the order dated 15.5.1987 passed by the learned District Judge, Puri in Title Appeal No.31/60 of 82/81 whereby and whereunder the learned lower appellate Court held that the appeal stands abated on the basis of the report of the process server that the appellants are dead.

2. Biswanath Mohapatra predecessor-in-interest of the opposite parties as plaintiffs laid a suit for declaration of title, confirmation of possession over the suit land and for permanent injunction impleading the mother of the present petitioner and others as defendants in the Court of learned Sub-Judge now learned Civil Judge (Senior Division), Puri, which is registered as O.S. No.100 of 1977. Pursuant to issuance of summons, defendants entered appearance and filed written statement denying the assertions made in the plaint. The suit was decreed. Challenging the judgment and decree dated 31.3.1981 and 9.4.1981 passed by the learned trial Court, defendants filed an appeal being Title Appeal No.31/60 of 82/81 before the learned District Judge, Puri. On 16.7.1981, the appeal was admitted and n