A plaintiff ( who himself has made a illegal encroachemnt )files a case of declaration and seeking injunction against defendents - not to disturb possession (on persons who are not owners / possessors ) for a civil property matters, at lower JMFC court in Maharashtra. , in the pendency of civil matters 2 years , one defendent dies, after filling of written statement , but before leading of evidence , his sons bring themselves as LR defendents, ( also being real owner of that land) . finally after 7 years , plaintiffs ownership and possession , measuremnt has been discarded, by HOn.JMFC and suit comes to be dismissed with decree ordering ,removal of encroachment of plaintiffs ,
Now , this plaintiff ( being cunning) goes in to appeal at sessions Court , though suit at lower JMFC court is abated against one of the original defendent , purpsoefully keeps the same , as 1 of the respondents ( being dead around 8 years back of appaeal ) at CJM, alongwith his sons , / LR's
query is it sustainable to keep the name of person -abated as respondent in an appeal filed by appellant -original plaintiff in Maharashtra
