RAJ RANI Vs. BIMLA DEVI

JUDGEMENT

(1.) Petitioners have laid challenge to the order dated 27.11.2018 passed by the Civil Judge (Junior Division) Panchkula, vide which the application filed by the petitioners for framing of additional issues was dismissed.

(2.) Brief facts are that plaintiff/respondent filed a suit for declaration to the effect that judgment and decree dated 16.12.1993 passed in Civil Suit No.446/1993 titled 'Sant Ram vs. Ram Chander' in respect of 266 Kanals 19 Marlas of land as shown in the headnote of the plaint and consequent mutation No.363 dated 15.06.1998 is illegal. Permanent injunction was also sought for restraining the defendants from alienating, transferring, mortgaging, subletting or creating any encumbrance over the suit property. Para Nos.6 and 7 of the plaint are to the following effect:-

(3.) In the relief clause, the plaintiff sought that the decree dated 16.12.1993 passed in Civil Suit No.446/1993, consequent mutation No.363 dated 15.06.1998, Award dated 05.10.2009 passed in Civil Suit No.317/CS dated 08.09.2009 by the Permanent Lok Adalat, Panchkula, Mutation No.477 dated 14.02.2011, Release Deed No.3972 dated 21.02.2011, consequent Mutation No.479 dated 31.03.2011, Release Deed No.151 dated 16.04.2012, consequent Mutation No.494 dated 14.05.2012 and other consequential alienations and transfers on the basis of Award and judgment and decrees were claimed to be null and the void and the decree was claimed to be fraudulent and was obtained by misrepresentation and undue influence practised by Sant Ram son of Ram Chander upon late Sh. Ram Chander son of Sh. Radha Ram in order to defeat the rights of the plaintiff which was claimed to be 'joint Hindu family property'.