315 of 1981.
In the meantime, Murti Devi expired.
1 herein without hearing respondent No.4 before it, i.e., appellant herein .
2, the Lis involved in the appeal companytinued.
The appellant Surat Singh then filed an application under Order 1 Rule 10 read with Order 22 Rule 10 of the Code praying therein to become a party respondent along with original plaintiff respondent No.1 in the second appeal as a subsequent purchaser of the suit land from the plaintiff respondent No.1, pending litigation.
The Trial Court, by judgment decree dated 16.05.1984 in C.S. No.315 of 1981 dismissed the suit.
By impugned judgment dated 13.12.2006, the Single Judge of the High Court allowed the second appeal, set aside the judgment decree of the first Appellate Court and restored that of the Trial Court, which resulted in dismissal of the suit filed by Murti Devi and her daughter.
The defendant No.1 Siri Bhagwan companytested the suit.
Since one daughter of Murti Devi was already on record as plaintiff No.2 and the other daughter was on record as proforma defendant No.
In order to appreciate the short issue involved in the appeals, few relevant facts need mention infra.
The suit was for a declaration that the decree obtained by Siri Bhagwan against Murti Devi on 11.11.1980 in Civil Suit No.
638/1980 in relation to the land measuring 37 Kanals 14 Marlas situated at Village Alampur, Tahsil Rewari, District Mahendergarh be declared null and void and number binding on the plaintiffs because it was obtained by defendant No.1 Siri Bhagwan by playing fraud and misrepresentation on the plaintiff Murti Devi by taking advantage of her illiteracy and poverty.
1 Siri Bhagwan filed Second Appeal under Section 100 of the Code of Civil Procedure, 1908 hereinafter referred to as the Code in the High Court of Punjab Haryana out of which these appeals arise.
By order dated 22.01.2007, the High Court also dismissed the application C.M. No.448 C of 2007 in RSA No.382/1992 filed by the appellant herein for recalling the judgment dated 13.12.2006.
By order dated 22.01.2007, the High Court dismissed the application.
Since the impugned judgment dated 13.12.2006 was passed without hearing the appellant herein respondent No.4 in the High Court , he filed an application under Section 151 read with Order 21 Rule 21 of the Code for recalling the judgment dated 13.12.2006.
Felt aggrieved, defendant No.
One Murti Devi since dead and her daughter Smt.
Felt aggrieved, the plaintiff Murti Devi, filed first appeal C.A. No.83 of 1984 before the District Judge.
Aggrieved by both the judgment order dated 13.12.2006 and 22.01.2007, the appellant has filed these appeals by way of special leave in this Court.
By order dated 04.01.1989, Surat Singhs application was allowed and he was allowed to become a party respondent in the second appeal.
By Judgment decree dated 13.11.1986, the first Appellate Court allowed the appeal, set aside the judgment decree of the Trial Court and decreed the plaintiffs suit.
Bholi Devi filed Civil Suit No.315/81 in the Court of Sub Judge, IInd Class, Rewari against one Siri Bhagwan respondent No.1 herein .
During the pendency of the second appeal, the appellant herein Surat Singh purchased the suit land from Murti Devi vide registered sale deed dated 30.07.1988 for Rs.80,000/ .
Abhay Manohar Sapre, J. These appeals are directed against the final judgment and order dated 13.12.2006 passed by the High Court of Punjab Haryana at Chandigarh in Civil Regular Second Appeal No.382 of 1992 whereby the High Court allowed the appeal filed by respondent No.1 herein, set aside the judgment dated 13.11.1986 of the District Judge, Narnaul in Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date 2018.02.20 Civil Appeal No.83 of 1984 and reversed the 152810 IST Reason judgment dated 16.05.1984 of the Trial Court in Civil Suit No.
