HAQIQAT SINGH Vs. JASBIR SINGH

JUDGEMENT

(1.) This regular second appeal is directed a against the judgment and decree of the First Appellant Court reversing on appeal those of the trial judge and decreeing the suit of the plaintiff-respondent for declaration that the ex parte decree dated June 13, 1983 in Suit No. 40 of 1981 titled as Haqiqat Singh v. Smt. Jarnail Kaur and others and the proceedings taken pursuant to the decree are null and void and as a consequential relief, the plaintiff-respondent is entitled to restitution of the suit property.

(2.) Th facts as found established on record briefly are :-

(3.) The decree in suit No. 40 of 1981 was challenged through the Civil Suit giving rise to this regular second appeal, interalia, on the ground that the plaintiff was minor when the suit for possession by specific performance of the agreement to sell was filed against him and his interest was not properly looked after by the Court Guardian.