SANAT KUMAR Vs. MURTI SHRIRAM MANDIR

JUDGEMENT

(1.) By way of this first appeal under Sec. 96 of the Code of Civil Procedure, 1908 (hereinafter referred as to "C.P.C.") the judgment and decree dtd. 14/3/2007 passed by the learned Additional judge to the Court of Additional District Judge, Agar, District Shajapur in Civil Case No. 10- A/2004 is called in question, whereby, the judgment and decree dtd. 10/1/1997 (wrongly mentioned in impugned order as 10/11/1997, hence, further, it be treated as 10/1/1997) passed by the Additional District Judge, Agar District Shajapur in Civil Case No. 42-A/1996 has been declared illegal and void.

(2.) The facts necessary for disposal of the present appeal in brief, are that the plaintiff/respondent Murti Shri Ram Mandir Nalkheda filed the civil suit before the learned Trial Court, seeking a relief to declare the judgment and decree dtd. 10/1/1997 as void, passed in Civil Suit No. 42-A/1996 by the same Court, as the said judgment was obtained by fraud, misrepresentation and concealment of facts and several documents as well as the said judgment was frustrated due to non-joiner of necessary parties as the plaintiff/respondent was not arrayed as a party in the Civil Suit No. 42- A/1996.

(3.) It is pertinent to mention here that the plaint was filed against the respondent Gokul Das S/o Shri Narayan Das, however, due to his demise during the pendency of the civil suit, the legal representatives of Gokul Das was impleaded as parties in the suit, which are the present appellants in this appeal.