MUKHTIAR SINGH Vs. ARJUN SINGH

JUDGEMENT

(1.) THIS judgment disposes of S.A.O. Nos. 71 and 72 of 1986 since common questions of law arise for determination there in.

(2.) THESE appeals are directed against the judgment and decree of the first appellate Court dated October 18,1986 whereby the judgment and decree of the trial court dated March 26, 1985 were reversed and the suits were remanded to it for disposal afresh on merits. These appeals were initially placed before the learned Single Judge for disposal, who held that the following questions of law arose for determination and these should be decided by a larger Bench:

(3.) THE suit filed by him was registered as, Suit No. 199 of 28.3.1984 The daughters of Arjan Singh, namely Smt. Labh Kaur and Ors. made similar challenge to the decree in Civil Suit No. 784 of 8.1.1982. In both these suits, the Appellant had raised a irreliminatory objection that in view of the provisions of Order 23, Rule 3 -A, Code of Civil Procedure (for short, the Code), the suits were not maintainable. The preliminary objection was upheld by the trial Judge and the suits viz. Suit No. 199 of 28.8 1984 and Suit No. 784 of 8.1.1982 were dismissed. Aggrieved against the judgments and decrees of the trial Judge, the Plaintiffs in the suits assailed the same in first appeals. Arjan Singh, Appellant in Civil Appeal No. 166 of 22.8.1985, died during the pendency of the appeal and his four daughters, namely, Labh Kaur, Amar Kaur, Gurmeet Kaur and Balwant Kaur, were brought on record as his legal representatives. These daughters of Arjan Singh contested the appeal. The first appellate court reversed the judgment and decree of the trial court holding that the compromise decrees were challenged on the ground of fraud, undue influence and coercion and Rule 3 -A of Order 23 of the code was not attracted where the consent decree and the contested decree were challenged on these grounds. After so holding, it set aside the judgment and decree of the trial court and remitted the suits to it for disposal on merits.