Late Shri Bhau Narsu Choughule, original plaintiff filed a Regular Civil Suit bearing No.1006 of 1977 in the Court of the Civil Judge, Senior Division, Kolhapur against the defendants for a declaration that the resolution dated 24th July, 1976 passed by Shri Ram Shetkari Pani Puravatha Mandal (hereinafter referred to as "the Mandal") is illegal. 1981 admitting the appeal and holding that it is maintainable.Ģ. ORDER :-This is a civil revision application filed by the original respondents against the order passed by the learned Extra Assistant Judge, Kolhapur dated 10th Mar. On the other hand it is contended by Shri Pandit learned counsel appearing for the respondents that by holding that the right to sue does not survive after the death of the original plaintiff the trial Court has finally and conclusively determined the rights of the legal representatives qua controversy in the suit which in terms amounts to a decree within the meaning of S2(2) of the Civil PC Therefore the appeal Court was right in coming to the conclusion that the appeal is maintainable under O41 R1 of the Civil PC In support of his contention Shri Pandit has placed a strong reliance upon the following decisions (1) Niranjan Nath v Afzal Hussain AIR 1916 Lah 245 (FE) (2) Brij Jivan Lal v Shiam Lal AIR 1950 All 57 (3) Rampal Singh v Abdul Hamid AIR 1928 Oudh 362 (FB) (4) Arjun v Balwant AIR 1954 Madh Bha 45 and (5) Mithu Lal v Badri Prasad AIR 1981 Madh Pra 1 (FB) and (6) Maramreddi Ramireddi v Vallapparedi Ramkrishna Reddi AIR 1949 Mad 404.6.In view of the dismissal of civil revision application the interlocutory order passed by this Court also stands vacated.Revision DismissedĪIR 1977 SC 1666,1977 Lab IC 8 All 113 (2),20 All LJ 214
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