BALWINDER KAUR Vs. SURINDER SINGH AND ORS.

JUDGEMENT

(1.) THIS second appeal is filed by the objector, who had filed the objections under Order 21 Rule 97 of the Code of Civil Procedure,1908 (for short, 'the CPC'), resisting delivery of possession of the property in dispute to the decree holders.

(2.) THE brief facts of the case are that the decree holders entered into an agreement to sell the property in dispute with one Niranjan Singh on 18.1.1988. They filed a suit for specific performance on 18.4.1988 only against Niranjan Singh, who appeared in the suit through his counsel Harbhagwan Singh on 28.7.1988. Thereafter, he did not appear and was proceeded against ex -parte. He died on 28.10.1988. During the pendency of the suit, Rajinder Kaur filed an application under Order 1 Rule 10 of the CPC, for being impleaded as a party in the suit. Her application was allowed by the trial Court. The suit was decreed on 21.9.1988. The decree reads as under: -

(3.) RAJINDER Kaur, who, was arrayed as defendant No. 2, challenged the judgment and decree dated 21.9.1988 in appeal but her appeal was dismissed on 01.9.2001. She also preferred R.S.A No. 3860 of 2003, which too was dismissed by this Court on 22.8.2003. Thereafter, she preferred S.L.P. No. 4342 of 2004 before the the Apex Court.