SUNAINA DEVI Vs. RAM NARAYAN PRASAD

JUDGEMENT

(1.) THE plaintiff has filed this Second Appeal against the judgment and decree of the lower appellate court dated 17.04.2002 passed by the learned 8th Additional District judge, East Champaran, Motihari in Title Appeal No.24 of 1999 whereby the learned lower appellate court allowed the appeal and set aside the trial court judgment and decree dated 17.02.1999 passed by the learned Subordinate Judge -7, East Champaran, Motihari in Title Suit No.52 of 1990/95 of 1998.

(2.) THE plaintiff -appellant had filed the suit for declaration of the deed of partition dated 15.12.1987 as forged document obtained fraudulently by intoxicating Paspati Ram (the original plaintiff) and which is not binding on the plaintiff. The plaintiff has also sought relief to pass a decree of partition to the extent of share of the plaintiff i.e. 1/4th share in the suit property according to the decision of Panches dated 26.12.1989.

(3.) THE contesting defendants appeared but they did not file any written statement nor they cross -examined any of the witnesses produced by the plaintiff.