ASHWANI KUMAR AGGARWAL Vs. SMT. KALAWATI

JUDGEMENT

(1.) Challenge in this revision is to the impugned order whereby the learned Additional District Judge has affirmed the order passed by the trial court on an application under Order 39 Rules 1 & 2 read with Sec. 151 CPC.

(2.) Suit. Kalawati -plaintiff is residing at Jagadhri. Her husband had expired on July 10, 1964. After his death family settlement was arrived at between the plaintiff and other legal heirs of Peru Mal; father -in -law of the husband of the plaintiff. In the said family settlement, the properties situated at Jagadhri as well as at Dehradun had fallen to their shares. The defendant Ashwani Kumar Aggarwal was having an evil eye on the properties of the plaintiff and with mala fide intention, got a decree in respect of the property under challenge, situated at Jagadhri by playing fraud upon the plaintiff and by misrepresenting her at Jalandhar courts. It is further averred that the defendant is a clever person. Earlier also, he had played fraud upon her by getting the properties in dispute transferred in his name through a sale deed dated 27.3,1984. He had even attempted to sell the property. Hence, she had filed a suit for permanent injunction against the defendant at Jagadhri. In the written statement the defendant -petitioner had mentioned the fact of passing of decree by the Civil Court at Jalandhar in his favour. Thus, for the first time, she came to know about the decree passed against her by the Civil Court at Jalandhar.

(3.) The aforesaid decree so passed in favour of the defendant has been challenged by the plaintiff, apprehending that on the basis of the decree, the defendant would dispose of the property, which will deprive her of her right to property.