JOGINDER PAL BUDHIRAJA Vs. DARIYAI LAL

JUDGEMENT

(1.) Prayer in this application filed under Sec. 5 of the Limitation Act is for condonation of delay of 1 day in filing the accompanying appeal.

(2.) The parties shall hereinafter be referred to as per their status before the learned trial Court i.e. the appellants are the 'plaintiffs'; and the respondents are the 'defendants'.

(3.) Brief facts of the case are that the appellants/plaintiffs filed the present suit seeking a decree of declaration to the effect that Gift Deed dtd. 15/9/1999 executed by defendant No.1 in favour of defendant No.2 is illegal, null and void. Further declaration was sought that the equitable mortgage created by defendant No.2 in favour of defendants No. 3 and 4 is also illegal, null and void; and prayer for grant of decree of partition and permanent injunction was made.