PARSINU DEVI Vs. DWARKU & OTHERS

JUDGEMENT

(1.) This regular second appeal stands filed under Section 100 of the Code of Civil Procedure. Concurrent findings of fact are challenged by the plaintiff.

(2.) The appeal stands admitted on the following substantial question of law:-

(3.) Smt. Parsinu Devi (plaintiff appellant herein) filed a suit against the defendants (who are respondents herein, including their successor-in-interest). Plaintiff sought decree of declaration, injunction and possession of the suit premises based on an earlier judgment. The trial Court dismissed the suit vide judgment and decree dated 11.2.1994, passed in Civil Suit No. 61/1 of 1991, titled as Parshino Devi vs. Baziru & others, holding that since defendant(s) were not served in the earlier suit, hence earlier judgment and decree dated 31st October 1977 passed by the learned Senior Sub Judge, Bilaspur, in Civil Suit No. 46/1 of 1975 was not binding on the parties.