LAWS(P&H)-2008-3-51

MOORTI D/O KAKA SINGH Vs. KAUR SINGH

Decided On March 14, 2008
Moorti D/O Kaka Singh Appellant
V/S
KAUR SINGH Respondents

JUDGEMENT

(1.) I have heard the learned counsel for the parties at length.

(2.) NOTICE of motion in this case was issued on 05.05.2006. On 04.02.2008 when this appeal came up for consideration, a question arose regarding the maintainability of the suit filed by the plaintiffs-respondents in view of the provisions of Order 23 Rule 3-A of the Code of Civil Procedure. Learned counsel for the respondents sought time to examine this issue on the following question :-

(3.) BOTH the learned Courts below have decreed the suit filed by the respondent-plaintiffs, setting aside the decree allegedly on the basis of fraud. It is also admitted case that the decree impugned was passed by the learned Sub Judge Ist Class, Bathinda.