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2019 Supreme(Raj) 2184

P.K. LOHRA
Ganesharam – Appellant
Versus
Gulab @ Gulidevi – Respondent


Advocates Appeared:
R.N. Choudhary, Advocate, Vishal Sharma, Advocate

JUDGMENT

P.K. Lohra, J. - Appellant-Defendant, aggrieved by the judgment & decree dated 8th of January, 2019 passed by Addl. District Judge, Deedwana, District Nagaur (for short, 'learned trial Court'), has preferred this appeal. The learned trial Court, by the impugned judgment, decreed suit of first respondent-plaintiff for declaration and perpetual injunction.

2. The facts, apposite for the purpose of this appeal, are that first respondent-plaintiff instituted a civil suit against appellant and other respondents. It is, inter-alia, averred in the plaint that respondent-plaintiff's pre-deceased brother Kishna Ram and sister-in-law (Bhabhi) Smt. Soni Devi, jointly deposited handsome amount with State Bank of Bikaner & Jaipur, Ladnu Branch as Fixed Deposit/Term Deposit. The details of the fixed deposits were also mentioned in the plaint amounting to Rs.6,51,000. Besides that, it is also averred that there are savings accounts in their names No.61012988796 and 51057703815 respectively wherein certain amount is lying. In the plaint, factum of death of Kishna Ram on 29th of September, 2006 and Soni Devi on 8th December, 2006 is also pleaded. The respondent-plaintiff also averred in the

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