SURESHA DEVI (KM.) Vs. BHAGWAN DAS AND ANOTHER

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The Suit for cancellation of Will and permanent injunction was instituted by the plaintiff/respondent Bhagwan Das and another against the defendant/appellant. The defendant was issued summons and since service could not be effected personally, notice was affixed on the door of the defendant. Besides notice was sent by registered post as well as by publication. The defendant did not appear in the Court. In response to service, the Trial Court held service to be sufficient and passed a order to proceed ex parte on 3.5.2005.

(3.) The plaintiffs adduced certain documents, list 8Ga-2 consisting of copy of Will Khataun paper No. 8Ga-2/1 regarding Khata No. 15, Paper No. 8-Ga/2 electoral list and extract of pariwar register. P.W. 1 Sunil Kumar and P.W. 2 Bhagwan Das submitted their statement by means of an affidavit 16 Ka-1 and 17 Ka-1, no other oral or documentary evidence was adduced, as a consequence evidence was closed and Counsel for the plaintiff/respondent was heard. The suit was dismissed on 26.11.2005. Civil Appeal No. 103 of 2005 was preferred by the plaintiffs. The appeal was allowed and suit was decreed vide judgment and order dated 26.4.2007.