INDIRA SHARMA Vs. KUSUM SHUKLA

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 2.7.2008 which had endorsed the finding of the trial judge dated 29.3.2007. The dispute is a family dispute. The appellant is the daughter of late Sh.Bala Parshad Sharma and sister of respondent no.2 i.e. Gopal Parshad.

(2.) THE appellant/plaintiff had filed a suit for partition, rendition of accounts and injunction. Averment was that her father late Sh.Bala Parshad Sharma who died on 17.4.1987 had left a will dated 4.4.87 by virtue of which certain part of the estate had fallen to the share of the appellant/plaintiff.

(3.) THE counsel for the appellant has urged that this finding is incorrect and the courts below had not correctly appreciated the evidence; the application of the plaintiff under Order 6 Rule 17 of the Code of Civil Procedure (hereinafter referred to as ,,the Code) had been dismissed summarily on 17.2.1996 which was a incorrect and illegal order. Admittedly, this order dated 17.2.1996 was never challenged by the plaintiff; he had appropriate remedy but he chose not to resort to the same. As such this order dated 17.2.1996 dismissing his application Under Order 6 Rule 17 of the Code has since attained a finality.