SURESH RAJ Vs. GANGA DEVI

JUDGEMENT

(1.) GANGA Devi brought a suit for declaration and joint possession of her 6/20th share in the land in depute against Bam Charder and Kisl-on Lal who are real brothers, Kishori Lal was proceeded against ex-parte on 13-9 79: Ram Chander alongwith other respondents were proceeded against ex-parte on 22-9-79 and that suit was decreed on the same day. It may be noticed that Ram Chander and Kisbori Lai were represented by the same counsel Kishori Lai died on 9-9-1979.

(2.) THE petitioners on 3-19-1980 applied for setting aside the ex-parte decree, inter-alia, claiming that they are the legal heirs of deceased Kishori Lal in view of the Will dated 25-10-1978 executed in their favour and they have acquired knowledge with respect to the ex-parte decree in favour of Ganga Devi on 3-2-1980 through Amolak Ram. The decree was stated to be a nullity having been passed against a dead person. It was claimed that the decree has been passed before the expiry of limitation of 90 days for bringing the legal heirs on record. The date of death was brought to the notice of the Court as well as to the plaintiff.

(3.) GANGA Devi refuted the averments and took up the plea that the application is beyond limitation. The petitioners were in know of the ex parte decree