NARAD THAKUR Vs. POSHI DEVI

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 14.07.2011, passed by the learned District Judge, Mandi, District Mandi, H.P. in Civil Appeal No. 163 of 2009.

(2.) Material facts necessary for adjudication of this Regular Second Appeal, are that the appellant-plaintiff (hereinafter referred to as "the plaintiff" for convenience sake) has filed a suit for declaration and injunction against the respondent-defendant (hereinafter referred to as "the defendant" for brevity sake). According to the plaintiff, he was married to one Smt. Jindi Devi in the year 1975. According to him, the defendant was a stranger, having no concern whatsoever with him. According to him, the defendant, in order to blackmail and fleece the plaintiff, started proclaiming in the village that she was the wife of plaintiff. 1 Whether the reporters of the local papers may be allowed to see the judgment No. According to the plaintiff, defendant has also filed a petition under Section 125 of the Code of Criminal Procedure in April, 1988 before learned Chief Judicial Magistrate, Mandi alongwith her son Tara Chand. According to the plaintiff, the petition was compromised and he was forced by the circumstances to give in writing that he would give 8-17-12 bighas of land in Khata No. 12/11, Khatauni No. 24, Khasra No. 1068/1046, situated at Anah/12, Tehsil Chachiot to the defendant. The petition was decided on 05.10.1988. Thereafter, the defendant filed a Civil Suit against the plaintiff. The suit was decreed by the learned Civil Judge, Chachiot at Gohar on 30.11.2004. Plaintiff filed an appeal before the learned District Judge, Mandi, which was dismissed by the learned Fast Track Court, Mandi on 11.10.2006. Thereafter, plaintiff preferred a Regular Second Appeal, bearing R.S.A. No. 515 of 2006. The same was dismissed by this Court on 28.05.2007. Plaintiff came across one document dated 05.07.2007, whereby according to him, the defendant has given in writing to him that he had no connection with him as a wife or otherwise. It is in these circumstances, the present suit has been filed. Plaintiff has prayed that the judgment and decree passed by the learned Civil Judge, Chachiot, judgment and decree passed by the learned District Judge, Mandi and by the High Court be declared null and void, being the result of mis-representation.

(3.) The suit was contested by the defendant. The defendant has given the sequence, the manner in which the earlier suit filed by the defendant was decreed by the trial court and the judgment and decree was up-held up to this Court. According to the defendant, it was the gross mis-use of the process of the Court and the suit be dismissed with exemplary costs. Defendant has admitted that she has filed a petition, under Section 125 of the Code of Criminal Procedure in 1988. Plaintiff has given in writing to her that he will give her land, measuring 8-17-12 bighas, situated in Khata No. 12/11, Khatauni No. 24, Khasra No. 1068/1046, situated at Anah/12, Tehsil Chachiot alongwith the house upon a part of this land in lieu of maintenance.