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2021 Supreme(HP) 558

AJAY MOHAN GOEL
RAJ RANI WIFE OF SH. SURENDER KUMAR ALIAS SURENDER SINGH – Appellant
Versus
SEETA DEVI ALIAS SURJIT KAUR WIFE OF SH. RAM PARKASH – Respondent


Advocates Appeared:
For The Appellant :T.S. CHAUHAN, ADVOCATE
For The Respondent:MR. N.K. THAKUR, SENIOR ADVOCATE, WITH MR. KARAN VEER SINGH, ADVOCATE

JUDGMENT :

By way of this petition, filed under Section 115 of Code of Civil Procedure, the petitioner herein assails order dated 10.12.2018, passed by the Court of learned Senior Civil Judge, Una, District Una, H.P., in Civil Miscellaneous Application No.307VI2017, titled as Raj Rani Versus Seeta Devi, vide which an application filed by the petitioner, under Order 9, Rule 13 of the Code of Civil Procedure for setting aside judgment and decree passed against her was dismissed, as well as the judgment dated 07.06.2019, passed by the Court of learned Additional District Judge,1, Una, District Una, H.P., in Civil Miscellaneous Appeal No.01 of 2019, titled as Raj Rani Versus Seeta Devi alias Surjit Kaur, whereby the Civil Miscellaneous Appeal preferred by the present petitioner against the rejection of the application by the learned Trial Court was also dismissed.

2. Brief facts necessary for the adjudication of the present petition are that the respondent herein filed a suit for declaration to the effect that the parties i.e. the respondent and the petitioner were joint owners-in-possession in equal share of the suit land being daughters of Rattan Chand and that Will dated 22.07.2009 al

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