KHUSHI RAM Vs. NAWAL SINGH

JUDGEMENT

(1.) THIS is plaintiffs appeal filed under Section 100 of the Code of Civil Procedure, 1908 challenging the judgement and decree passed by both the Courts below dismissing their suit. When the appeal came up for admission on 18.1.2005, the following question of law was framed :

(2.) IN order to appreciate the controversy it would be necessary to extract pedi-degree table which is as under : PEDIGREE OF APPELLANTS ...... ........ ........ . .........

(3.) THE 1st Appellate Court also considered the question whether the plaintiff-appellants had any cause of action to file suit during life-time of Jagno and answered the same in negative. It has come on record that Jagno has suffered a decree in favour of defendant-respondents passed in Civil Suit No. 317 of 1991 of 19.7.1991. The aforesaid judgement and decree recognised the oral family settlement reached between Jagno and defendant- respondents. The aforesaid finding is supported by the averments made in Civil Suit No. 317 dated 19.7.1991 (Ex.DW 5/A). With regard to family settlement which took place about two years before the filing of the suit, averments have been made in paras 3 and 4 of the suit which reads as under :