(1.) Defendant No. 3 is the appellant, who after having lost in both the learned Courts below, has filed the instant Regular Second Appeal.
(2.) The parties shall be referred to as the 'plaintiffs' and the 'defendants'.
(3.) The plaintiffs filed a suit for declaration and permanent injunction to the effect that plaintiff No. 1 is the only legally wedded wife of late Shri Ram Gopal and this marriage was solemnized in the year 1978 according to Hindu rites and customs and out of this wedlock one girl named Sangeeta, plaintiff No. 2, was born. Late Shri Ram Gopal died in harness in the year 1992 as he was serving as Senior Clerk in the Office of the Deputy Commissioner, Shimla. It was averred that defendant No. 3 had been wrongly entered as a wife of late Shri Ram Gopal as she had manipulated in some way or the other and is receiving pension of late Shri Ram Gopal as legally wedded wife for which she is not legally entitled. It was further averred that name of plaintiff No. 1 has been mentioned as nominee in the service record/GPF final payment of late Shri Ram Gopal. Defendant No. 3 has wrongly been given the benefit of wife of late Shri Ram Gopal. The plaintiffs further prayed for a decree of permanent injunction restraining respondents No. 3 and 4 i. e. State of Himachal Pradesh and the Senior Accountant General, respectively, from paying the pensionary and retiral benefits to defendant No. 3 and for restraining her from withdrawing the same.