SURAJ MUKHI Vs. BHIKAM SINGH

JUDGEMENT

(1.) The First Appeal From Order aforesaid has been filed against the judgment and decree dated 24-1-1983 passed by Sri Awadh Behari Shukla, the XIIth Additional District Judge, Agra allowing Civil Appeal No. 73 of 1982, Bhikam Singh v. Surajmukhi and others and sent back the case to the trial Court with a direction to restore the suit to its original number and after affording opportunity to the parties to lead evidence, to decide the suit by giving its findings on all issues on merits setting aside the order dated 13.5.1981 by XVIIIth Munsif, Agra in Suit No. 107 of 1978 holding that the suit is barred by the provision of Rule 58 of Order XXI CPC on finding of issue No. 6 and rejected the plaintiff of the plaintiff under Order VII, Rule 11 CPC.

(2.) Second Appeal No. 1830 of 1985, aforesaid has been filed against the judgment and decree dated 9-9-1985 passed by Sri O.N. Gupta, IInd Additional Civil Judge, Agra allowing Misc. Appeal No. 34 of 1974 arising out of Execution Case No. 62 of 1976 in Original Suit No. 357 of 1974 dismissing the objections under Order XXI, Rule 58 CPC and setting aside the order dated 23-12-1978 allowing the objection filed by Smt. Suraj Mukhi under Order XXI, Rules 58 and 64 CPC by Sri Subhash Chandra, Munsif, Fatehabad at Agra.

(3.) Since the property involved in both the abovementioned appeals is the same and the controversy involved in both the cases is more or less the same, I would like to dispose of both the appeals together by a common order. The First Appeal From Order No. 218 of 1983 is the leading case.