The trial Court dismissed the suit.
A written statement was filed by the plaintiff appellant herein, who was the defendant in suit No.
1365 of 1981 wherein the claim of the plaintiff in the said suit was admitted.
Subsequently, in the year 1982, the plaintiff appellant herein, brought a suit for declaration that decree passed in suit No.1365 of 1981 was void and nullity on the ground that it was obtained by fraud.
However, on appeal, the first Appellate Court allowed the appeal and decreed the suit in favour of the plaintiff appellant on 30.7.1987.
The High Court allowed the second appeal and set aside the judgment and order of the first Appellate Court.
Against the said judgment, the defendant preferred a second appeal.
In the said suit, the claim of the respondents was admitted by the present plaintiff appellant and on the basis of the said admission, the suit was decreed.
On the basis of the said admission, the suit was decreed by the trial Court on 13.11.1981.
It is also admitted between the parties that neither any appeal was preferred against the judgment of the trial Court number any application to set aside the decree was filed by the defendant in the said suit and the decree has attained finality.
The defendants also agreed to get the necessary companyrection made in the record in favour of the plaintiff with regard to the suit land, but they have number refused to admit the claim of the plaintiff.
It is against the said judgment, the appellant has preferred this appeal.
In case the present appellant was number satisfied with the decree, either he companyld have filed an appeal or moved an application for setting aside the decree alleged to have been obtained by fraud.
N. Khare, J. Earlier defendant respondents herein brought suit No.
In para 5 of the plaint, it was averred that the defendants in the suit were paid a sum of Rs.1,98,000/ in equal share.
1365 of 1981 for declaration that they have become owners of he land on the basis of adverse possession.
