BASANT KUMAR Vs. PREMWATIBAI

JUDGEMENT

(1.) APPELLANT/Defendant Nos. 2 to 4 herein this appeal calls in question the legality of order dated 30.9.2009 passed by the District Judge, Dindori in Civil Appeal No. 62 A/2009 which arose of judgment/decree dated 19.7.2007 in Civil Suit No. 14 A/2007dismissed on the ground that the cause propitiated in the suit at the instance of respondent Nos. 1 and 2/plaintiffs was hit by principle of res judicata. The lower appellate Court while setting aside the judgment/decree remitted the whole suit for retrial on merits.

(2.) FEW facts which are not in controversy: The appellant and respondents, leaving the State of Madhya Pradesh, are the legal representatives of one Pyarelal,the details whereof is delineated hereunder: <IMG>JUDGEMENT_1618_ILR(MP)_2010Image1.jpg</IMG>

(3.) THE trial Court vide judgment/decree dated 5.2.1997 dismissed the suit, holding that, the plaintiff having failed to prove the will are not entitled for any share on the basis of said will. In an appeal, the appellate court vide its judgment/ decree dated 20.11.1998 upheld the verdict of trial court recording the finding about the will. However, in respect of the suit property admeasuring 23.58, the first appellate Court recorded that the plaintiffs would be entitled for l/5th share each. THE decree was accordingly modified.