JUDGMENT

D. Dash, J. - The Appellants, by filing this Appeal, under Section-100 of the Code of Civil Procedure (for short, 'the Code') have challenged the judgment and decree passed by learned Additional District Judge, Rairangpur in T.A. No. 4 of 2001-I.

By the said judgment and decree, while dismissing the Appeal filed by these Appellants under section 96 of the Code; the First Appellate Court has confirmed the judgment and decree passed by the learned Civil Judge (Senior Division), Rairangpur in T.S. No. 28 of 1991.

It may be stated at this stage that the present Respondent Nos. 1 to 7 as the Plaintiffs had filed the suit arraigning the Appellants and one Bipin Bihari Mohanta as the Defendants. The Appellant Nos. 1 to 3 had come on record as the Defendants after death of their predecessor-in- interest Raghunath Prajapati who was the original Defendant No.1. Respondent Nos. 1, 2 and 8 have died during pendency of this Appeal; accepting the submission of the learned counsel for the parties that Respondent No.1 was one of the Plaintiffs and he with other Plaintiffs were pursuing the suit and contesting the First Appeal as also the present Appeal, order that effect has been passed on