SINGH RAM Vs. GIAN

JUDGEMENT

(1.) THIS is a defendant's appeal and has been directed against the judgment and decree dated 23. 11. 1991 passed by the Court of Additional District Judge, Gurgaon, who affirmed the judgment and decree dated 27. 9. 1990 passed by the Court of Sub Judge, Gurgaon, who decreed the suit of the plaintiff-respondent Smt. Giano.

(2.) THE brief facts of the case are that Smt. Giano plaintiff filed a suit for declaration against defendant Singh Ram that the judgment and decree dated 12. 8. 1985 passed by the Court of Shri L. C. Sharma, Sub Judge III Class, Gurgaon in Civil Suit No. 803 of 1985 titled Singh Ram v. Giano was obtained by fraud and it is illegal, void and is not binding upon the rights of the plaintiff. The said suit No. 803 of 1985 was filed by Singh Ram for declaration with respect to agricultural land in suit which was standing in the name of Smt. Giano. Written Statement admitting the claim in that suit was filed and it was not contested and the judgment and decree were passed in favour of Singh Ram and against the plaintiff Smt. Giano declaring Singh Ram to be the owner of the suit land. That decree was suffered by consent. Smt. Giano has alleged that she never received any notice from the Court concerned in the previous suit; that she never appeared or appointed any lawyer, she never filed any written statement; she never made any statement giving her consent to the suit being decreed. In nut shell Smt. Giano has alleged that judgment and decree passed in Civil Suit No. 803 of 1985 was obtained by defendant-appellant Singh Ram by playing a fraud upon her and upon the Court by putting some other lady.

(3.) ON the above pleadings of the parties, the trial Court framed the following issues:1)Whether the Judgment/decree dated 12. 8. 1985 in null and void and not binding upon the plaintiff as alleged in the plaint? OPp 2) Whether the plaintiff has no locus standi to file the present suit? OPd 3) Whether the suit is not maintainable in the present form? OPd 4) Whether there was any family settlement as alleged in para No. 4 of the P. O. of W. S. , if so to what effect? OPd 5) Whether the suit is barred by res judicata? OPd 6) Whether the plaintiff is estopped from filing the present suit? OPd 7) Relief.