IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3376 OF 2001

H.H. Pooranandaswamiji (D) Thr. L.Rs.         ...Appellant(s)

Versus

Sharadamma (D) Thr. L.Rs.       ...Respondent(s)

O  R  D  E  R

Exemption allowed.

Delay in filing substitution application is condoned.

Applications for substitution are allowed.

No  notice  need  be  issued  to  the  legal  representatives  of  the  deceased

respondents as they have already entered appearance.

Heard learned counsel for the parties.

The trial court dismissed the suit for declaration of title and recovery of

possession filed by the plaintiff-respondent after recording findings both against the

plaintiff and defendants. The High Court allowed the first appeal and decreed the suit

only on the ground that the trial court recorded a finding against the defendants on

the question of adverse possession.  In our view, being the first appellate Court, the

High  Court  was  required  to  scrutinise  the  pleadings  and  evidence  of  parties  and

decide the appeal on merits in the light of the issues framed by the Trial Court.  Since,

the High Court has not adopted that course, this appeal deserves to be allowed.

....2/-

- 2 -

Accordingly,  the appeal is allowed, impugned order render by the High

Court is  set  aside and the matter is  remitted to it to decide the same afresh after

giving opportunity of hearing to the parties in accordance with law.    

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, January 22, 2009.