KUBJA DEVI Vs. BHAGWAN DASS

JUDGEMENT

(1.) This is plaintiffs second appeal filed against the judgment and decree passed by Additional District Judge, Shim la in Civil Appeal No.257 -S/13 of 1988. By means of this judgment, the judgment and decree dismissing the suit of the plaintiff passed by Sub Judge 1st Class, Rampur in suit No.8 -1 of 1986 dated 30 -8 -1988, has been upheld. The parties are being referred to as Plaintiff and Defendants herein this judgment.

(2.) In the suit filed, Shiv Dayal was arrayed as defendant No.2, who was exparte in the trial court, though he appeared as PW -4 in support of plaintiffs case and remained as such before the lower appellate court as well as in the present proceedings.

(3.) Brief facts giving rise to this case arc that the plaintiff claimed herself to be the widow of one Gopi Chand, who was a freedom fighter and had lateron employed in the Police Department of H.P. Said Gopi Chand left for his heavenly abode on 8 -2 -1985. After the death of Gopi Chand, defendant No. 1 Bhagwan Dassi applied to the Government for the grant of teminal/retiral benefits, this led to filing of the suit out of which the present appeal has arisen.