RAMJI PANDEY Vs. SWARAN KALI

JUDGEMENT

(1.) Leave granted.

(2.) The question that falls for determination in this appeal is whether to uphold the impugned judgment and order passed by the High Court of Allahabad or to restore the order dated 24.02.1992 passed by the Additional District Judge, Allahabad. By the impugned judgment and order dated 28.02.2006 the Allahabad High Court has set aside and quashed the order dated 24.02.1992 passed by the Additional District Judge, Allahabad in Misc. Case No. 494 of 1991.

(3.) The respondent herein filed suit No. 508 of 1983 before the Additional Civil Judge, Allahabad against the appellants for the relief of declaration that she was also one of the owners and co-sharers in the property constituting a house numbering 172, Lookerganj, Allahabad and her name should also be shown as one of the purchasers of the said house in dispute in the sale deed alleged to have been executed in their favour by its earlier owner. The aforesaid suit was earlier contested by the appellants herein but subsequently they failed to appear and consequently an ex parte decree was passed in the said suit in favour of the respondent on 10.05.1988 by the Additional Civil Judge.