DAYA NAND Vs. HAR LAL

JUDGEMENT

(1.) This appeal has been directed against the order dated 15th January, 1987 passed by the Additional District Judge, Narnaul, who accepted the appeal of Har Lal and set aside the judgment and decree dated 14th October, 1986 passed by Sub Judge, 1st Class, Narnaul and remanded the matter to the trial Court.

(2.) The brief facts of the case are that Civil Suit No. 328 of 1986 was filed by Shri Har Lal seeking declaration and injunction that the decree dated 29th August, 1985 passed in Civil suit No. 619 of 1985 was illegal, based on fraud and misrepresentation and not binding on him. A compromise decree was allegedly passed between Har Lal and Daya Nand in Civil Suit No. 619 of 1985. As per that decree the parties to that suit exchanged some piece of land. Shri Har Lal has made the challenge to the said decree on the plea that the judgment and decree dated 29th August, 1985 was a result of fraud and misrepresentation and that it was null and void and illegal and was not binding upon him.

(3.) Precisely speaking his allegation is that he never appeared before the Court and never made any statement and somebody else had appeared on his behalf and in these circumstances, he was not bound by the judgment and decree dated 29th August, 1985.