ROSHAN LAL SONI Vs. JAGAN NATH

JUDGEMENT

(1.) By this common order, I propose to dispose of Civil Revision No. 2910 and 2911 of 1998, as they arise out of somewhat identical circumstances and impugned the same order passed by the learned Additional Civil Judge (Senior Division), Anandpur Sahib.

(2.) Reference to basic facts would be necessary in order to deal with the rival contentions, raised before this court, by the learned Counsel appearing for the respective parties.

(3.) Jagan Nath has filed a suit for declaration and permanent injunction against Som Nath and Roshan Lal, defendants-petitioners before this Court. It was prayed in the suit that the general power of attorney dated 20th July, 1992 allegedly executed by Som Nath is a forged document and, as such, is ineffective and inconsequential in the eye of law. Further relief of injunction was claimed restraining the said defendants from executing any sale deed in pursuance thereto. It was further prayed that sale deed executed by Som Nath in favour of Roshan Lal in relation to the property in dispute was ineffective and consequently did not affect the right of the plaintiff over the property in dispute. he suit was contested by the defendant. However, Som Nath did not appear inspite of service and was ordered to the proceeded against ex-parte in the suite before the learned Trial Court. Vide judgment and decree dated 29th September, 1995, the suit of the plaintiff was dismissed with costs as material issues were answered against the plaintiff.