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1997 Supreme(HP) 393

KAMLESH SHARMA, SURINDER SARUP
BHUNI DEVI – Appellant
Versus
THE ACCOUNTANT-GENERAL, HP. – Respondent


Advocates Appeared:
Mr. R.K. Sharma, Advocate, for the Appellant; Mr. Shrawan Dogra, Advocate, for R:4 Mr. D.C. Pathik, Addl. Advocate: General, for R :2 and 3, for the Respondents.

JUDGMENT

KAMLESH SHARMA, J.—This appeal is admitted and heard finally with the consent of the learned counsel for the parties. It is directed against the order dated 15th January, 1997 whereby the District Judge, Chamba has returned the plaint to the appellant-plaintiff Smt. Bhuni Devi under Order 7 Rule 10 C.P.C. for presenting the same to the Court having jurisdiction in the matter. The impugned order was passed in the appeal filed by the respondent-defendant No. 4 Smt. Nikko Devi, who was aggrieved by the decree and judgment dated 7-4-1995 passed by the Senior Sub-Judge, Chamba in favour of the appellant-plaintiff, Smt. Bhuni Devi declaring her entitled to draw family pension of deceased Jagat Ram as his legally wedded wife and the respondent-defendant No. 4 Smt. Nikko Devi was restrained from claiming family pension of deceased Jagat Ram holding that she was not his legally wedded wife.

2. We have heard the learned counsel for the parties and gone through the record. The learned counsel for the appellant-plaintiff Smt. Bhuni Devi has urged that there are two parts of relief sought for by his client. The first part pertains to declaration that she was the only legally wedded wife









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