RADHIKA DEVI Vs. BAJRANGI SINGH

JUDGEMENT

(1.) We have heard learned counsel for both sides.

(2.) Leave granted.

(3.) The appellants has instituted Partition Suit No. 24/88 in the Court of Subordinate Judge, Aurangabad for partition of certain properties. Respondents 16 to 20 herein filed written statement on June 15, 1988 wherein they pleaded that Ramdeo Singh had executed and registered a gift deed in their favour on July 28, 1978, bequeathing the properties covered thereunder. They became owners of those lands and the appellant is bound by the same. Pending the suit, the appellant filed an application under Order 6 Rule 17, C.P.C. on November 11, 1992 seeking declaration that the gift deed was obtained by the respondents illegally and fraudulently and, therefore, it was ineffective and does not bind the appellant. Though the trial Court by order dated November 24, 1992, allowed the petition, the High Court in Revision No. 1657/92 by order dated August 13, 1993, allowed the petition and set aside the order directing amendment of the plaint. Thus, this appeal by special leave.