SHILA NATH SINGH Vs. DR. ANIL KUMAR SINGH

JUDGEMENT

(1.) Petitioners have assailed order dated 20.03.2013 passed by Sub Judge, 8th Vaishali at Hajipur in Title Suit No. 626/2010 whereby and where under substitution has been allowed relating to death of one of the plaintiffs namely, Bhupendra Singh on account of his death.

(2.) Bereft of unnecessary details, deceased, Bhupendra Singh along with these two petitioners filed Title Suit No. 626/2010 asking for a relief that sale-deed dated 16.10.2001 allegedly executed by Bhupendra Singh in favour of defendants relating to Schedule-1 property be declared forged and fabricated, without any consideration, not executed by the plaintiff No.1, Bhupendra Singh, cost of suit, any other relief or reliefs which the plaintiff is found entitled for and for that necessary recitals have been enumerated in the plaint.

(3.) Respondents/defendants appeared, filed their WS wherein they have reiterated the genuineness of the document which was executed for valid consideration followed with delivery of possession. Furthermore, in para-17 of the WS, it has been incorporated that Bhupendra Singh negotiated with the defendants for transfer of the land and the aforesaid negotiation was held in presence of the plaintiff, Bhupendra Singh as well as Kurunandan Singh and his son, Sushil Babu Advocate, apart from raising other grounds challenging the plea of the plaintiffs as well as relief so sought for.