RAM PIARI Vs. TEK CHAND

JUDGEMENT

(1.) SMT . Ram Piari widow of Ram Pal, resident of Ambala City has filed the present Regular Second Appeal and it has been directed against the judgment and decree dated 8.12.1984 passed by the Court of Shri R.P. Bajaj, Additional District Judge, Ambala, who affirmed the judgment and decree dated 18.7.1983 passed by the Court of Sub Judge IInd Class, Ambala City and dismissed the appeal of the plaintiff-appellant.

(2.) THE brief facts of the case are that the appellant Ram Piari filed a suit for declaration to the effect that the judgment and decree dated 12.8.1980 passed by the Court of Sub Judge Ist Class, Ambala City alleged to have been passed on the alleged compromise dated 12.8.1980 in Civil Suit No. 528 of 1978 decided on 12.8.1980 is illegal, null and avoid and not binding upon her as the same decree has been obtained by the defendant-respondents by fraud, mis-representation of facts and undue influence.

(3.) AGGRIEVED by the judgment and decree of the trial Court, Smt. Ram Piari filed first appeal which was also dismissed by the first Appellate Court vide impugned judgment and decree dated 8.12.1984 and in this regard it will be useful for me to refer to the paras Nos. 7, 8 and 9 of the judgment. Relying upon a decision of this Court reported as 1975 RLR 471, Gulla Singh v. Gudit Singh the first Appellate Court came to the conclusion that trial Court Judge had no option but to proceed with the case as the appellant had failed to make out a sufficient cause for the grant of further-adjournment. Still aggrieved by the judgment and decree of the Courts below the present Regular Second Appeal.