JUDGMENT

D. Dash, J. - The Appellants, by this Appeal under section 100 of the Code of Civil Procedure (for short 'the Code') assail the judgment and decree dated 30.07.2005 and 12.08.2005 respectively passed by the learned Additional District Judge, (F.T.C.), Bolangir in Title Appeal No. 08/06 of 2002-2005.

By the said judgment, the First Appellate Court in that Appeal under section-96 of the Code has set aside the judgment and decree dated 29.11.2001 and 06.12.2001 respectively passed by the learned Civil Judge (Junior Division), Bolangir.

One Ujal Nag as the original Plaintiff had filed the suit against Rajendra Prasad Nag who happens to be his nephew (son of his brother namely Kandarpa). During suit, the original Plaintiff Ujal having died his four daughters have been substituted as Plaintiffs whereas one son and a daughter are arraigned as the Defendant Nos.2 & 3. The Suit having been dismissed by the Trial Court, the Plaintiffs carried the First Appeal. The lower Appellate Court having allowed the Appeal, has decreed the Suit. This Appeal had been filed by the Defendant No.1 and he having died, his legal heirs are pursuing this Appeal. It may be further stated that during pende