VFRENDER Vs. GULAB SINGH

JUDGEMENT

(1.) THIS is an application under Order 149 read with section 151 of the CPC to make good the deficiency in Court fees. Since the deficiency in Court fee has been made good. So, this application stands allowed. There is delay of 232 days in re -filing the appeal. The same stands condoned on the grounds mentioned in the application. MAIN APPEAL

(2.) CHALLENGE in this appeal is the judgment and decree dated 23.11.2010 passed by Shri A.K.Jain, Additional District Judge, Jhajjar vide which the appeal preferred by the plaintiff/appellant against the judgment and decree dated 30.8.2008 passed by Shri Narender Pal, Civil Judge (Junior Division), Bahadurgarh, who dismissed the suit, was accepted and the suit of the plaintiff stood decreed.

(3.) THE case of the plaintiff is that they are owner in joint possession of 2/15 share of land describing in the heading of the plaint. The plaintiffs came to know in the first week of April 2002 that defendant No.! got a false and fabricated decree in his favour and on the strength of the said decree defendant No.l and 2 have got registered sale deeds No.126 and 127 dated 11.4.2002 in favour of defendant No.3. It is pleaded that defendants have never appeared before the Court and the decree is the result of fraud committed upon them. It is further pleaded that no transfer of immoveable property more than Rs.100/ - can be made without any registered document. So, challenge has been made to the decree dated 11.12.1980 and sale deed Nos.126 and 127 dated 11.4.2002.