CH V SUBHAMMA Vs. CH NARAIAH

JUDGEMENT

(1.) The appellant herein is the original plaintiff. She had instituted a suit bearing No.O.S. 96 of 1986 in the Court of the Principal District Munsif, Kavali. The said suit was filed for setting aside the dismissal order passed in O.S. No.303 of 1971 dated 3-10-1973.

(2.) It appears that O.S. No.303 of 1971 was filed by the defendants 1 and 2 in O.S. No.96 of 1986 against defendants 3 to 6 in the aforesaid suit. The plaintiffs in O.S. 303 of 1971 had filed the suit for declaration that they are the owners of the suit schedule property and they were allotted the suit schedule property in the partition, but possession was not given. The plaintiffs in the above suit had also claimed relief of possession.

(3.) It appears that during the pendency of O.S. No.303 of 1971, the plaintiffs therein colluded with the defendants and the suit in question came to be dismissed in default. During the pendency of the aforesaid suit, the suit schedule land was sold by the plaintiffs therein to the present appellant i.e., the plaintiff in O.S. No.96 of 1986. The said suit came to be dismissed by the learned Principal District Munisif holding that the suit in the present form is not maintainable.