(1.) This regular second appeal is directed against the judgment and decree dated 27.12.2016 passed by the learned District Judge, Shimla, in Civil Appeal No. 46-S/13 of 2014, whereby he affirmed the judgment and decree dated 01.09.2007, passed by the learned Civil Judge (Junior Division), Court No. 3, Shimla in Civil Suit No. 42/1 of 2002, whereby the suit of the plaintiff/appellant came to be partly allowed.
(2.) The parties to the lis are hereinafter referred in the same manner, in which, they were referred to by the learned courts below.
(3.) Plaintiff filed a suit for declaration and permanent prohibitory injunction alleging therein that he was married to one Smt. Asha Devi @ Vidya as per Hindu rites and religion and out of their wedlock seven children were born. It was further averred that defendant No. 1 had started claiming herself to be the legally wedded wife of the plaintiff, which was wrong as the defendant No. 1 was well aware of the fact that plaintiff was already married with Smt. Asha Devi @ Vidya a long ago.
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