A suit was filed on behalf of the plaintiffs for declaration of their right, title and interest over the suit property. Vijay Prasad Choudhary was one of the plaintiffs. Besides him, other persons were also the plaintiffs. When the defendants did appear, issues were framed and then the matter was fixed for adducing evidence on behalf of the plaintiffs. The plaintiffs did not adduce a single witness, though number of opportunities have been given to the plaintiffs. Ultimately, evidence of the plaintiffs was closed on 27.1.2005. Thereafter defendants started adducing their evidences. Meanwhile, Vijay Prasad Choudhary, the plaintiff died on 30.12.2006. The defendants continued adducing their evidences and on 18.8.2009, case of the defendants was closed. On 17.9.2009 an application was filed under Section 151 of the Code of Civil Procedure for allowing heirs and legal representatives of Vijay Prasad Choudhary to be substituted as heirs and legal representatives of Vijay Prasad Choudhary .That was allowed. Thereupon an appreciation was filed for allowing him to adduce evidence on behalf of the plaintiffs. That prayer was rejected, vide order dated 18.1.2010. which is under challenge.
