DALJIT KAUR Vs. HARI SINGH

JUDGEMENT

(1.) THIS second appeal at the instance of defendant- Daljit Kaur is against the concurrent findings recorded by the two courts below.

(2.) HARI Singh, plaintiff claiming himself the only legal heir of one Karam Singh filed a suit for recovery of rupees one lac along with interest against the defendants, deposited by said Karam Singh with defendant Nos. 2 and 3 which were engaged in the business of financing and investment at Kurali. Karam Singh died on 3.9.1995 and thereafter the plaintiff came to know that one Ajmer Singh had got prepared a forged Will purported to have been executed by plaintiff's father, Karam Singh, in which Daljit Kaur daughter of Ajmer Singh had been shown to be his nominee. The plaintiff requested Daljit Kaur to get the money from the aforesaid defendant's No. 2 and 3 and give the same to him but she refused. The plaintiff filed a suit for permanent injunction against Daljit Kaur and defendant Nos. 2 and 3 which was decreed and thereafter the plaintiff approached the defendant company for withdrawal of the amount along with interest but they refused and stated that the money had been given to defendant No. 1 without getting the guarantee indemnifying the loss to the legal heirs. This led the plaintiff to file the instant suit.

(3.) DEFENDANT Nos. 2 and 3 filed written statement taking objection that the suit was barred by Order 2 Rule 2 of the Code of Civil Procedure as the plaintiff had earlier filed a suit for permanent injunction against the defendants which had been dismissed as against defendant No. 3 and decree had been passed only against defendant No. 1. In view of the decision in the earlier suit, the injunction was granted only against Ajmer Singh and the said suit was the result of mala fide. The plaintiff had not produced any succession certificate. It was further pleaded that the sum of rupees one lac which had been deposited with them by Karam Singh showing his niece, Daljit Kaur as his nominee, had already been rightly disbursed to her.