RAJWANT PRASAD PANDE Vs. MAHANT RAM RATAN GIR

JUDGEMENT

(1.) This is an appeal from a decree of the 23rd February 1911, of the High Court of Judicature for the North-Western Provinces (Allahabad), which reversed a decree, dated the 17th August 1909 of the Court of the Additional Subordinate Judge of Gorakhpur. The Court of first instance allowed the plaintiffs claim. On appeal the claim was dismissed.

(2.) The object of the present suit is, by its terms, declared to be three-fold. But upon examination the substantial and only object is for a declaration in favour of the plaintiffs against the defendants to the effect that the plaintiffs are no party to a certain order which was passed ex facie against them on the 22nd September 1902. Further declarations are asked that the decree is ineffectual, and null and void against them, and so forth. In substance, as has been said, the object of the present suit is for a declaration that a decree pronounced by a Court of competent jurisdiction on the 22nd September 1902, and bearing to apply to the present appellants, does not in fact apply to them.

(3.) The circumstances of the case are these. In 1884 Prag Dat Pande executed a mortgage over certain family property, of which he was himself manager, in favour of the predecessor- in-title of the respondents. He had two sons, Rajwant Prasad and Bhagwant Prasad. In 1897 a suit for sale under the mortgage, and directed against, inter alias, these three persons, was instituted. It was heard ex parte, and on 30th April 1897 a decree was made allowing the plaintiffs claim. An order absolute was made on the 22nd September 1900.