JUDGMENT :

Biswanath Rath, J.

First Appeal bearing No.249 of 1991 has been filed by the defendant nos.1(a) to (c) the legal heirs of the original defendant no.1 in the Court below involving the judgment & decree dated 3.07.1991 involving T.S. No.7 of 1985 whereas First Appeal bearing No.268 of 1991 is at the instance of the defendant nos.2 & 3 respectively in the Court below. Respondents in both the cases as respondent nos.1(a) to 1(f) are the legal heirs of the original plaintiff in the Court below whereas the respondent nos.2 & 3 in the F.A. No.249 of 1991 are proforma respondents but however not only contested the suit by filing an independent written statement but also filed a counter claim seeking appropriate relief against the plaintiff. Similarly in F.A. No.268 of 1991 the respondent nos.2(a) 2(b) 2(c) are also the proforma respondents, amongst which the respondent no.2(c) involving F.A. No.268 of 1991 however has been deleted vide order no.10 dated 6.05.1993 in F.A. No.268 of 1991. The First Appeal involves a successful suit alongwith rejection of the counter claim.

2. Short background involving the plaintiff's case is that the original plaintiff Nisamani Mohanty was working a