PHULLA Vs. SUKHDEI

JUDGEMENT

(1.) The present Regular Second Appeal is directed against the judgment and decree dated 17.10.1988 passed by the learned District Judge, Jind whereby the appeal filed by the plaintiff-appellant was accepted and judgment and decree dated 27.08.1987 passed by the learned Sub Judge, Ist Class, Narwana were set aside.

(2.) For convenience sake, hereinafter, reference to parties is being made as per their status in the civil suit.

(3.) As per plaintiff, namely, Smt. Sukhdei, she is daughter of Moman son of Chunchu. Smt. Hardei was her mother. She died 6/7 months prior to the filing of the suit. As per plaintiff, Smt. Hardei was incapable of understanding the affairs of daily routine as she used to remain ill and was hard of hearing and short of sights, etc. The defendants got executed impugned decree in their favour with the help of some other lady whereas Smt. Hardei never appeared in the Court and had never filed any written statement nor made any statement in the Court of Law at any point of time. The plaintiff also raised an objection that the defendants were not the members of joint Hindu Family with Smt. Hardei nor any family settlement had ever taken place amongst them. Resultantly, the said judgment and decree passed, allegedly at the instance of Smt. Hardei, was an act of fraud and mis-representation and null and void and, as such, Civil Suit before the Court.