PHOOL PATTI Vs. RAM SINGH

JUDGEMENT

(1.) This appeal by special leave has been filed against the impugned judgment of the Punjab and Haryana High Court dated 22.10.2003 in Regular Second Appeal No. 2176 of 1985.

(2.) Heard learned counsel for the parties and perused the record.

(3.) The appellants are the daughters of one Bhagwana. They along with one Shobha Ram filed Civil Suit No. 234 of 1982 against the respondents challenging the decree in Civil Suit No. 630 of 1980 regarding certain land and a house filed by Ram Singh against Bhagwana on the ground that the said suit was a collusive suit and hence the decree was illegal and void. Accordingly the prayer in Civil Suit No. 234 of 1982 filed by the appellants was to set aside the decree in Civil Suit No. 630 of 1980. The trial Court on 31.5.1983 decreed Civil Suit No. 234 of 1982 and set aside the judgment and decree dated 24.11.1980 in Civil Suit No. 630 of 1980 on the ground that the same was collusive. However, in the first appeal under Section 96, C.P.C. the learned Additional District and Sessions Judge, Sonepat allowed the appeal and set aside the judgment of the trial Court and dismissed the suit by his judgment dated 21.3.1985.