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1987 Supreme(Raj) 76

N.C.SHARMA
MOHAN BAI – Appellant
Versus
JAI KISHAN – Respondent


Advocates Appeared:
Laxmi Mal Lodha, N.N.Mathur

Judgment


N. C. SHARMA, J.

( 1 ) THIS is a revision petition by Smt. Mohan Bai against the order of the District Judge, Udaipur dt. Mar. 10, 1986, dismissing the application filed by the petitioner u/s. 151 of the Civil P. C. on 29th June, 1982 in his Court for setting aside the final decree, which had been passed by the District Judge, Udaipur in the suit for redemption which had been filed by Jai Kishan since dead and represented by the non-petitioners.

( 2 ) FACTS leading to the filing of this revision petition are that Jaikishan had instituted a civil suit on Nov. 21, 1975 against the petitioner for redemption of mortgage of certain house property which had been usufructuarily mortgaged by him on May 16, 1953 after borrowing a sum of Rs. 2999/- from the petitioner. In the redemption suit, the plaintiff Jai Kishan had stated that he had allowed Smt. Mohan Bai, petitioner to expend a mount to the extent of Rs. 2100/- in the said house. It was stated that the petitioner did not make additions in the number of rooms in the property mortgaged, but she dismantled a latrine and started using "owari" in the house as latrine. Thereupon, Jaikishan asked the petitioner and her husband to r










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