HARCHARAN Vs. DEOKINANDAN

JUDGEMENT

(1.) THIS is plaintiffs' appeal from a judgment and decree of the District Judge, Chhatarpur, in Civil Suit, No. 12 of 1955 of his Court, passed on 25 -10 -1956.

(2.) THE suit out of which this appeal arises was for a declaration that a decree made in a previous suit s ineffective and illegal against the plaintiffs. No further relief for reallocation of shares of fresh partition was asked for in the present case.

(3.) AFTER the death of Bansidhar and Shrinandan, Jwalaprasad, a grandson of Bansidhar, instituted a suit for partition against his uncle Choukheylal and his three sons, the legal representatives of his deceased uncle Shrinandan and against his own father and two brothers. This suit was registered as C. S. No. 36 of 1951 in the Court of the District Judge, Naogaon, and was decreed by the trial Court on 27 -3 -1952. This decree was confirmed on merits on an appeal being taken to the Additional Judicial Commissioner on 30 -8 -1952. Application was moved for obtaining sanction to appeal to the Supreme Court and for getting the judgment reviewed by the Additional Judicial Commissioner but these applications also were dismissed. The contesting defendants in the said suit were Choukheylal and his three sons. Choukheylal is said to have died during the pendency of the appeal in the Court of the Additional Judicial Commissioner and, therefore, subsequently, the contest remained between his three sons, i. e., defendants No. 8, 9 and 10 in the present suit, on the one hand and defendants No. 1 to 7 on the other.