Ramesh VS Deceased Sajjan Bai

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

PRANAY VERMA
Ramesh – Appellant
Versus
Deceased Sajjan Bai – Respondent

Advocates:
Counsel for the Parties:
For the Appellants:Shri V.K. Katkani, Advocate

ORDER

Pranay Verma, J.—This appeal under Section 100 of the CPC has been preferred by legal representatives of deceased defendant No.2 Mahila Sajjanbai against the judgment and decree dated 26.08.2022 passed in RCA No.2400018/2015 by the IInd District Judge, District - Ratlam arising out of the judgment and decree dated 10.02.2011 passed in Civil Suit No.147-A/2008 by the IVth Civil Judge, Class-I, District Ratlam.

2. The plaintiffs/respondents No.1 to 4 instituted an action against the defendants for declaration of their title to the suit lands and for possession. The defendants including defendant No.2 contested the plaintiff’s claim by filing their written statement. By judgment and decree dated 10.02.2011 the trial Court answered all the issues in favour of plaintiffs but upon recording a finding to the effect that the suit is barred by time, dismissed the same. The plaintiffs did not prefer any appeal against the judgment and decree passed by the trial Court. The legal representatives of deceased defendant No.2 however preferred an appeal under Section 96 of the CPC before the lower appellate Court to challenge the findings recorded by the trial Court against defendant No.2. B

Click Here to Read the rest of this document