RAM KUMAR Vs. OM PARKASH

JUDGEMENT

(1.) THIS is regular second appeal by Ram Kumar one of the plaintiffs (now appellant), is directed against judgment and decree dated 07.10.2013 passed by the lower court as also of 31.03.2014 passed by the first Appellate Court below.

(2.) THE appellant/plaintiff and three others with him, had filed a suit seeking a decree of declaration to the effect that they alongwith proforma defendants were owners of the suit land and further that judgment and decree dated 05.05.2006 passed in case No.125 HM by the then Assistant Collector 1st Grade, Siwani and subsequent mutation no.2574, were illegal, null and void and were not binding upon the rights of the plaintiffs and of proforma defendants.

(3.) THE said suit was dismissed under Order XVII Rule 3 CPC vide judgment and decree dated 01.06.2011 by the lower court. In appeal preferred by two of the plaintiffs (including the present appellant) against the said judgment and decree of 01.06.2011, the first Appellate Court vide its judgment dated 17.07.2013 setting aside the impugned judgment and decree of the lower court, had remanded the civil suit to the lower court with a direction to decide issues no.2 to 8 afresh as per law. Before further discussion is made on the claim of the appellant/plaintiff, it would be appropriate to detail the issues on which the parties had gone for adjudication. Issues were framed by the lower court on 05.10.2010. Those are as under: -