The State of U.P. has appealed to this Court with special leave.
14 of 1956 in the Court of the Civil Judge, Jaunpur, against the heirs of Radhey Lal who had died since the passing of the decree in Suit No.
This suit was decreed ex parte.
The following substantive reliefs were claimed by the plaintiff a that a declaratory decree in favour of the plaintiff and against the defendants declaring the plaintiff as the owner of the properties in Lists, A, B, J D be passed b in case in the opinion of the Court prayer a cannot be granted, then, alternatively, declaration declaring the plaintiff as the owner of properties in B, J and D being the stridhana of Rani Dhan Dai Kaur be issued, decree in Suit No.
Appeal by special leave from the judgment and order dated October 9, 1963 of the Allahabad High Court in A.F.O. No.
4 of 1950 , claiming that he was appointed an heir by Dhan Devi of properties described in lists B, J D in the plaint, that the dispute companycerning the inheritance to the estate left by Dhan Devi was settled between him and Radhey Lal, that Radhey Lal admitted his title to the properties in Lists B, J D and it was agreed that in the properties in Lists A, B, J D Radhey Lal had 11/16th share and that he had 5/16th share, that a memorandum was drawn up in that behalf, and that Radhey Lal represented to him that a companypromise decree will be obtained in that suit, but thereafter taking advantage of his ignorance Radhey Lal obtained a decree ex parte.
4 of 1950 has numberadverse effect on the rights of the plaintiff The plaintiff valued the properties in dispute at Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
D. Karkhanis and O.P. Rana, for the appellant.
Ram Krishan then filed Suit No.
To that suit Ram Krishan Burman was impleaded as a party defendant.
444 of 1966.
1 i , to iv , and xi , The Judgment of the Court was delivered by Shah, J. One Radhey Lal instituted Suit No.
Gcpalakrishnan, for respondents Nos.
268 of 1957.
4 of 1950 in the Court of the Civil Judge, Jaunpur, for a declaration that he was the owner in possession of the estate left by Dhan Devi.
