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2010 Supreme(Chh) 222

T.P.SHARMA
GANGABAI – Appellant
Versus
JAGESHWAR YADAV – Respondent


Advocates appeared:
Mrs. Renu Kochar, Advocate, for the Appellants.
None present for the Respondent No.1, though served.
Mr. U .K.S. Chandel, Panel Lawyer, for the Respondents No.2 to 4/State.

JUDGMENT

1. By this second appeal filed under Section 100 of the Code of Civil Procedure. 1908 (for short 'CPC), the appellants have challenged the legality and propriety of the judgment and decree dated 6.10.1994 passed by the 2nd Additional District Judge, Bilaspur, in Civil Appeal No.4-A/94, affirming the judgment and decree of decreeing the suit for declaration and permanent injunction dated 19.1.1994 passed by the 2nd Civil Judge Class-I, Bilaspur, in Civil Suit No.1-A/90.

2. The present second appeal is admitted for consideration on the following substantial questions of faw:

1. "Have the two Courts below erred in not considering that Ku. Neeta was a necessary party?"

2. "Whether the two Courts below erred in holding that the property in question was a joint Hindu family property?"

3. "What was the effect of non-compliance of Court's order dated 18/4/199] ?

3. Brief facts necessary for disposal of the appeal are that as per pleadings of the parties, respondent No.1/plaintiff has filed suit for declaration that name of Kalesar as father of Ku. Neeta in school register be struck off and name of defendant No.5 Ramkumar be mentioned and permanent injunction against, respondent No.4

















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