GHAMBIR CHAND KOTWAL Vs. SANTOSH KUMARI

JUDGEMENT

(1.) In a suit for declaration that divorce deed be declared null and void, following issues were framed :-1. Whether the suit is not maintainable in its present form? OPD 2. Whether the suit is liable to be dismissed due to non-joinder of necessary party? OPD 3. Whether the suit is to be stayed u/S. 10, C.P.C.? OPD 4. Whether the Divorce deed/Farkhati is null and void ? OPP 5. Whether the suit has not been properly valued for purposes of court fee and jurisdiction? OPD.

(2.) The issues were decided by the learned trial court and this revision petition has been filed against the said order and three main grounds have been taken in this revision petition; (1) That the Divorce deed was executed between the plaintiff-non-applicant and her husband. Since the husband has died, it would be a suit against a dead person, which is not maintainable.2. The second ground of attack is that the defendants in the suit were not parties to the Divorce deed, therefore, the suit could not have been filed against them.

(3.) Thirdly it was averred that the suit is to be stayed in view of the fact that a prior suit was pending before some other court.3. I have gone through the order of the learned trial court and the record.