SARASWATI DEVI Vs. YADUNANDAN PRASAD

JUDGEMENT

(1.) THE plaintiff is the petitioner against the order dated 25. 1. 2002, passed by Munsif-I, Vaishali, in Title Suit No. 102 of 2000 holding that the suit was not maintainable in exercise of the power under Order xiv, Rule 2 (2) of the Code of Civil Procedure (for short 'the Code' ).

(2.) THE plaintiff-petitioner filed the present suit for a declaration that the decree passed in earlier Title Suit No. 57 of 1971 filed by the defendant-opposite party, was not binding upon her as the decree was obtained by fraud and she should not be dispossessed on the basis of the said decree.

(3.) IT is an admitted position that the defendant-opposite party filed title Suit No. 57 of 1971 in the Court of the Sub-ordinate Judge, vaishali, for specific performance of contract on the basis of, an agreement dated 26. 11. 1969 executed by mother and brother of the plaintiff for sale of land. In the said suit, the plaintiff of the present suit was also made as a party and in which a decree was passed against the defendants of that case including the plaintiff. An appeal was filed in this High Court being F. A. No. 27 of 1986 by the purchasers who were defendant-3rd party in the said suit. The plaintiff of this suit was also a party in the aforesaid appeal as respondent and a Cross-Appeal was filed on her behalf, her mother and brother. The appeal and the suit both were dismissed.