Judgment :-

V.S. SIRPURKAR, J.

This is an appeal by a helpless widow, who has become a prey of the greed of her own elder brother in law and is deprived of her properties in a fraudulent manner. As per the pleadings, Smt. Santosh (appellant herein), the original plaintiff, lost her husband Chander Pal in the year 1985. She is issueless. Chander Pal, at the time of his death, owned a land to the extent of 36 kanals 7 marlas out of the total land measuring 80 kanals 1 marla comprised in khewat No. 64 khatoni No. 96 and 97 as per Jamabandi for the year 1975-76 situated at Village Kotia, Tehsil and District Mahendragarh. After losing her husband in the prime of youth, she had nobody to look forward to. Respondents are the sons of one Daya Ram, who was the real brother of Chander Pal. Appellant was approached by Daya Ram (DW-4), who convinced her to accompany him to Courts of Mahendragarh, so that the mutation of the properties inherited by her from her husband could be made and the properties could be recorded in her name. Believing him, she accompanied him to Mahendragarh, where her thumb impressions were obtained on 3-4 papers. She was also asked to say `yes if she was asked any question by the authorities. She believed in good faith that the mutation will be done and the properties would be recorded in her name. All this happened on 26.3.1985. About two and half months, before filing of second suit the respondents (original defendants) and her brother in law Daya Ram (DW-4) started interfering with her possession and insisted that there was a decree passed in their favour in respect of her lands. She, therefore, filed the present suit for declaration to the effect that she was owner in possession of the land in respect of the properties mentioned above and the so-called decree dated 26.3.1985 shown to have been suffered by her in favour of the respondents-defendants is illegal, bad and was a result of fraud and, therefore, not binding upon her at all.

2. The suit was contested by the respondents-defendants. They claimed that the decree in question was legal and there was no question of fraud and that in fact, the said decree was as per the family settlement. They also pleaded that the suit was barred by limitation and as such, the suit was liable to be dismissed. The evidence was led on behalf of the appellant-plaintiff in support of her plea, wherein she examined herself, while on behalf of the respondents-defendants, four witnesses were examined including one Dharam Singh (DW-1), Record Keeper, one Ram Singh (DW-2), Bailiff, one S.K. Joshi (DW-3), Advocate and Daya Ram (DW-4) himself. The Trial Court accepted the evidence of the appellant-plaintiff and disbelieved the witnesses examined on behalf of the respondents-defendants and while decreeing the suit, returned a finding that the decree dated 26.3.1985 was a result of a fraud.

3. An appeal came to be filed by the respondents-defendants against the above order, which was allowed. The Appellate Court came to the conclusion that there was no fraud played and the consent decree dated 26.3.1985 was a good and a valid decree. The Appellate Court also held that the suit filed by the appellant-plaintiff was barred by time.

4. The appellant-plaintiff field a Second Appeal before the High Court, which was dismissed in limine. This is how the appeal has come before us.

5. Shri V.C. Mahajan, Learned Senior Counsel appearing on behalf of the appellant, firstly pointed out that the judgment by the High Court in the Second Appeal was a classic example of non-application of mind. He pointed out that the consent decree dated 26.3.1985 was a classic example of fraud. The Learned Senior Counsel, in support of his plea, pointed out that the plaint is dated 26.3.1985; It is filed on 26.3.1985; The Written Statement filed by the appellant is also dated 26.3.1985; The appellant was examined on 26.3.1985 and the decree was also passed on 26.3.1985. The Learned Senior Counsel wondered as to how all