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2018 Supreme(HP) 1567

SURESHWAR THAKUR
Parma Nand – Appellant
Versus
Prem Chand – Respondent


Advocates Appeared:
B.C Verma, G.D Verma, G.R Palsra, Advocates for the appearing parties.

JUDGMENT

Sureshwar Thakur, J —The instant appeal is directed, against, the concurrently recorded verdicts by both the learned Courts below, whereby, the plaintiff''s suit for rendition, of, a decree for declaration, was, hence dismissed.

2. Briefly stated the facts of the case are that Padmawati, predecessor-in-interest of the appellant filed a suit against the defendants before the learned trial Court seeking declaration to the effect that the affidavit of 11.10.1990 and compromise deed without date, as filed in RSA No.131/90, decided on 6.11.1990 by the High Court are the result of fraud, deception, undue influence and misrepresentation and therefore, the decree dated 6.11.1990 passed by the High Court is nullity and not executable and enforceable in the eyes of law and the decree passed by the lower Courts are still binding upon the parties. The case set up by the plaintiff was that she and her daughter Narbada Devi filed a suit against defendants No.1 to 3 in the Court of learned Sub Judge 1st Class, Court no.1, Mandi, challenging the Will dated 27.2.1990 alleged to have been executed by her husband Dhari in favour of defendants No.1 to 3, on the grounds of fraud, misrepresentat

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