MAYA DEVI Vs. LAXMI DEVI AND OTHERS

JUDGEMENT

(1.) In this appeal facts as that one Gaya Prasad had wife Smt. Ram Pyari and his son Govind Prasad respondent No. 2. Appellant Smt. Maya Devi is wife of said Govind Prasad. In 1940 Gaya Prasad and Govind Prasad executed a simple mortgage in respect of a house. In 1955 a suit for recovery of mortgage money by sale of mortgaged house was filed. Both Gaya Prasad and Govind Prasad were parties to the said suit. Preliminary decree was passed. In the stage for final decree Gaya Prasad was represented by his wife Smt. Ram Pyari as his guardian on the ground of alleged lunacy. Final decree was passed. There was execution and sale of the mortgaged house. In i960 Gaya Prasad through his wife as his guardian filed suit for cancellation of decree and sale in the mortgage suit on the ground of alleged lunacy. In 1974 that suit was dismissed. Again Gaya Prasad represented by his wife filed appeal informa-pauparis. Gaya Prasad died and was substituted by his wife who also unfortunately died and then appellant Smt. Maya Devi was substituted. She was required to pay court fee and on her failure the appeal was dismissed on 14-9-1976. In 1981 appellant Maya Devi filed review application on the basis of order 44 Rule 3(1) contending that since Gaya Prasad filed suit informa pauperis and was declared pauper, in appeal, she should have been treated as indigent person.

(2.) With review application she filed application for ad-interim injunction restraining the respondents from transferring or alienating the property and from causing any damage to the property or removing any article or effects therefrom or changing the material status of the property. An ex parte injunction was granted. But after objections by contesting respondents and after hearing the parties the lower court dismissed the injunction application.

(3.) Against this appellant has come up in appeal. Notices were issued and parties have been heard at admission stage.