MADHU SINGH Vs. VIJAY SINGH

JUDGEMENT

(1.) This is defendants' miscellaneous appeal under Order 43 Rule 1(u) of the Code of Civil Procedure, 1908 (for brevity, the Code, 1908) against the judgment dtd. 29/1/2003 passed by the First Additional District Judge,Surguja (Ambikapur) in Civil Appeal No. 15-A/99 whereby the lower appellate Court while reversing the judgment of the trial Court dtd. 16/11/1999 has remanded the matter for its fresh trial.

(2.) Brief facts of the case are that the Plaintiff - Vijay Nath Singh had instituted a suit in the year 1994 for declaration and injunction by sumitting, inter alia, that the defendant No.1 Madhu Singh is not the legally wedded wife of his brother, namely, Narendra Kumar Singh, who expired on 30/11/1993 under suspicious circumstances, and therefore, she is not entitled to get any claim with regard to the property belonging to his brother. With this fact premises, a claim was made seeking a declaration that the defendant No.1 is not the wife of Narendra Kumar Singh, with a further relief for injunction. It is pleaded further that since the defendant No.1 had applied for mutation before the Revenue Authority after the death of his brother Narendra Kumar Singh, therefore, the plaintiff has been constrained to file the suit in the instant nature, instituted on 7/9/1994.

(3.) The defendants have contested the claim and denied very specifically that she is not the legally wedded wife of Narendra Kumar Singh. While denying the claim, a counter claim was also made by praying for partition and separate possession with regard to other schedule properties, as made in the counter claim.