JUDGMENT :

1. Heard Sri Adnan Ahmad, learned counsel for the appellant, Sri Sabul Khan, learned counsel holding brief of Sri Mohd. Wajid Irfan, learned counsel for respondent nos.1 to 5 and Sri Amar Nath Mishra, learned Additional Chief Standing Counsel for respondent no.6.

2. Present appeal has been filed against the judgment and decree dated 18.1.2016 passed by Additional District Judge, Court No. 15, Lucknow in Regular Civil Appeal No. 142 of 2015 (Smt. Raeesa Bano Vs. Smt. Tabassum Jahan & Others) confirming the judgment and decree dated 31.8.2015 passed by Civil Judge (Senior Division), Mohanlalganj, Lucknow in Regular Suit No. 128 of 2015 (Smt. Raeesa Bano Vs. Smt. Tabassum Jahan & others).

3. This appeal was admitted on 27.02.204 on the following substantial question of law "whether a suit for declaration of civil death of a person on the ground that he is missing for more than 7 years, is barred under Section 34 of the Specific Relief Act".

4. The crux of the matter is that the appellant had filed a suit bearing Suit No.128 of 2015 for the relief that her husband is missing for more than 13 years; therefore, he may be declared dead in view of presumption under Section 108 of th