SAROJ DEVI Vs. GURINDER SINGH

JUDGEMENT

(1.) Present civil revision is filed against order dated 27.3.2015 passed by learned Civil Judge (Senior Division) Court No. 1 Paonta Sahib District Sirmaur(H.P.) in Civil suit No. 113/1 of 2008 whereby learned Trial Court dismissed application filed under Order VI Rule 17 CPC filed by Saroj widow of deceased Shri Achhar Singh and minor sons of deceased Achhar Singh namely Pankaj, Neeraj, Harpreet.

(2.) Shri Achhar Singh deceased son of Shri Ranjit Singh filed civil suit for declaration to the effect that deceased plaintiff is owner in possession of suit land comprised in Khata/Khatauni No. 48/88 min Khasra No. 114 measuring 1-19 bighas situated in mauja Kishanpura Tehsil Paonta Sahib District Sirmaur H.P. and sale deed dated 24.5.2008 regarding suit land is null and void being fraudulent without consideration. It is pleaded that codefendant No. 2 has executed sale deed in favour of codefendant No.1 as general attorney dated 31.3.2008 which is also null and void and is fraudulent. It is pleaded that sale deed and general power of attorney documents are not binding upon rights of deceased plaintiff. It is pleaded that mutation No. 1009 dated 11.6.2008 attested on the basis of sale deed dated 24.5.2008 is also null and void and is not binding upon legal rights of deceased plaintiff. Consequential relief of permanent injunction also sought restraining defendants from interfering, dispossessing, alienating and encumbering the land measuring 19 biswas through their agents, servants or legal representatives. During pendency of civil suit Achhar Singh died and his LRs namely Smt. Saroj Devi widow and minor sons namely Pankaj aged 9 years, Neeraj aged 7 years, Harpreet aged 5 years brought on record as codefendants on dated 27.5.2014. Newly impleaded LRs filed application under Order VI Rule 17 CPC for amendment of plaint on dated 24.3.2015. Learned Trial Court dismissed application filed under Order VI Rule 17 CPC on dated 27.3.2015. Feeling aggrieved against order dated 27.03.2015 widow of deceased and minor sons of deceased filed present revision petition.

(3.) Per contra written statement filed on behalf of defendants pleaded therein that suit is not maintainable and deceased plaintiff is estopped from filing the suit due to his own act conduct and acquiescence to file present suit. It is pleaded that plaintiff has no cause of action. It is pleaded that on 31.1.2008 a verbal agreement of sale was entered between deceased plaintiff and defendant No.1 for sale of 1-19 bighas of land in consideration amount of Rs.6,25,000/- (Rupees six lacs twenty five thousand). It is pleaded that on 31.1.2008 defendant No. 1 paid a sum of Rs. 25000/- (Rupees twenty five thousand) to deceased plaintiff vide cheque and thereafter on 31.1.2008 codefendant No.1 paid another amount of Rs.275000/- (Rupess two lacs twenty five thousand) to deceased plaintiff at his residence in village Bhatanwali Tehsil Paonta Sahib. It is pleaded that after receiving Rs.three lacs as sale consideration amount from the defendant No.1 it was decided that plaintiff would execute a general power of attorney in favour of trusted person of codefendant No.1. It is pleaded that thereafter plaintiff volunatarily executed general power of attorney in favour of sister of co-defendant No.1. It is pleaded that general power of attorney was duly executed in accordance with law. It is admitted that co-defendants Nos. 1 and 2 are real brother and sister.