JAGJIWAN PRASAD D Vs. BABU

JUDGEMENT

(1.) This is second civil appeal against the judgment and decree dated 1.5.1979, passed by the Vth Additional District Judge, Barabanki in Civil Appeal No. 40 of 1977, Smt. Ram Dulari v. Jagjiwan Prasad and Ors..

(2.) I have heard Shri P. L. Mishra, the learned counsel for the plaintiff-appellants and Shri Mohd. Arif Khan, the learned counsel for respondent No. 3 Smt. Ram Dulari. PLEADINGS

(3.) Plaintiff Jagjiwan Prasad filed a suit for specific performance of the agreement to sell dated 24.12.1973. Babu, the defendant No. 1 filed his written statement admitting the case of the plaintiff. The plaintiff has alleged that on 16.4.1974, the defendant No. 1 illegally executed a sale deed in favour of Smt. Kamla wife of Bhagauti Prasad and Smt. Ram Dulari wife of Basdeo. Thereafter, the plaintiff impleaded Smt. Kamla and Smt. Ram Dulari as defendant Nos. 2 and 3 as subsequent purchasers. Both the defendant Nos. 2 and 3 filed a joint written statement. After filing the written statement, defendant No. 2 Smt. Kamla entered into a compromise through a Paper No. 26-Ka. It was duly verified by the parties through their counsel in the Court and it was directed to be kept on record. Later on, Smt. Kamla, the defendant No. 2 moved an application 47C making allegations therein that she has come to know that a forged compromise had been filed on her behalf and sought time to file objection.