RAJYASHREE BHARTIA Vs. ASHOK KUMAR MEHRA

JUDGEMENT

(1.) Order impugned before this Court is the order dated 06.11.2007 vide which the application filed by the plaintiff Rajyashree Bhartia under Sections 151, 152 & 153 of the Code of Civil Procedure (hereinafter referred to as the 'Code') seeking a clarification/correction in the judgment dated 21.04.1982 was declined. Record reveals that the two suits were pending disposal before the trial Court which have subsequently been ordered to be consolidated.

(2.) The first suit being civil Suit No. 214/04/82 was filed by Madan Lal Mehra seeking a cancellation of a document i.e. an agreement to sell dated 28.05.1980 wherein his brother Ashok Kumar Mehra had been impleaded as defendant No. 4. The second suit was civil suit No. 78/05/03 which was a suit for specific performance filed by Rajyashree Bhartia against Ashok Kumar Mehra; it was qua the same agreement to sell dated 28.05.1980. In these proceedings, an application under Order 1 Rule 10 of the Code was filed by Madan Lal Mehra; his contention was that this property is an HUF and the defendant Ashok Kumar Mehra alone has no right, title or interest in the property. This application was allowed and Madan Lal Mehra was impleaded as defendant No. 2 in that suit.

(3.) Both the suits were consolidated vide order dated 18.09.1987. Issues were framed prior to the order of consolidation. Issues No. 3 to 5 were relevant for the controversy in the second suit which read herein as follows:-