SUSHILABAI Vs. KAMLARUKH

JUDGEMENT

(1.) This appeal is preferred against the judgment and decree passed by the 5th Additional District Judge, Nagpur in Regular Civil Appeal No.56 of 1983 on 11.11.1993 thereby confirming the order passed below Exhibit1 in Regular Civil Suit No.63 of 1982 on 26.11.1982 by 2nd Joint Civil Judge, Junior Division, Nagpur.

(2.) The original plaintiff/appellant, Sushilabai Byramji (now deceased) had filed a suit being Regular Civil Suit No.63 of 1982 against the respondents. The suit was for rendition of accounts, execution of the trusts, setting aside of the decree passed in Special Civil Suit No.230 of 1975 and injunction restraining the respondentsoriginal defendants from alienating or encumbering the properties of the trust in the suit in any manner. Although such reliefs as rendition of accounts, execution of the trusts and grant of injunction were claimed, the suit was mainly for seeking the relief of declaration that the decree passed in Special Civil Suit No.230 of 1975 was null and void and setting aside of the same, as the suit was based upon fraud and mis representation.

(3.) In this suit, the original appellant was the plaintiff and the respondent No.1 (now deceased) and the respondent No.2 were the defendants. For the sake of convenience, the parties to the appeal are being hereinafter referred to as the plaintiff and the defendants in the order in which they were arrayed in the suit.