SURAJ BHAN Vs. RADHA DEVI

JUDGEMENT

(1.) THE defendant is in revision aggrieved against the order dated 5.11.1999 passed by the learned Trial Court whereby the application for recording of compromise on the basis of special oath was declined and suit was ordered to be decided on merits after giving an opportunity to lead evidence to both the parties.

(2.) PLAINTIFF -respondent filed a suit for declaration to the effect that she is owner of 7/10th share of land measuring 418 kanals 14 marlas and that mutation sanctioned on 3.5.1980 on the basis of consent decree dated 18.2.1980 suffered by Thandu Ram and Smt. Kani Devi with regard to the land measuring 262 kanals 16 marlas out of the aforesaid land is based on misrepresentation, deceit and fraud. Therefore, the plaintiff claimed possession of the aforesaid land after she sought to avoid the aforesaid decree and mutation in the present suit.

(3.) LEARNED trial Court earlier allowed the application of the plaintiff and ordered that the suit be decided on merits in accordance with law after giving an opportunity to the parties to lead evidence on merits of the controversy raised. The said order dated 13.10.1988 was set aside by this Court in revision petition and the matter was remitted back to decide the matter afresh keeping in view the judgment of Full Bench of this Court reported in Mrs. Florabel Skinner and others v. Jai Bagrang Kala Mandir Ram Lila Mandal, 1980 P.L.R. 775.