BRIJ LAL Vs. PARI DEVI

JUDGEMENT

(1.) THE defendants are in second appeal aggrieved against the judgment-decree passed by the 1st Appellate Court, whereby the judgment-decree dated 11.10.1993 passed in the suit titled as Brij Lal v. Sohan Lal was found to be null and void and not binding upon the rights of the plaintiff.

(2.) THE plaintiff-respondents filed a suit for declaration alleging therein that Sohan Lal son of Mam Raj, husband of plaintiff No. 1 and father of plaintiffs No. 2 and 3 was an owner in possession of the suit land measuring 7 marlas 3 sarsais. He died few weeks prior to the institution of this suit, leaving behind the plaintiffs, as his only legal representatives. The defendants have nothing to do with the suit land but claims right on the basis of frivolous, wherein they obtained a judgment-decree dated 11.10.1993 with respect to the suit land in their favour by practising fraud upon the Court. It was alleged that defendant Sohan Lal never resided at the address given in the suit. No notice was served upon deceased nor Sohan Lal appeared in the said suit. No written statement was filed nor he engaged Shri H.R. Saharan, Advocate. It was further stated that possession of the suit land was never delivered to the defendants by deceased Sohan Lal and that there was no question of family settlement between the defendants and deceased Sohan Lal.

(3.) ISSUE No. 1 is the material issue which reads as under;-