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2022 Supreme(HP) 490

SATYEN VAIDYA
Roshni Devi, Wd/o. Late Sh. Jagat Ram, S/o. Sh. Khajana Ram – Appellant
Versus
Dolima Devi (deleted) – Respondent


Advocates Appeared:
For the Appellant :Sh. G.D. Verma, Sr. Advocate with Sh. B.C. Verma.
For the Respondents:Sh. K.D. Sood, Sr. Advocate with Sh. Rahul Gathania.

JUDGMENT :

Appellant is in appeal against the judgment and decree dated 18.12.2006, passed by learned District Judge, Hamirpur, H.P. in Civil Appeal No. 10 of 2003, whereby the judgment and decree dated 30.12.2002, passed by learned Sub Judge, 1st Class, Barsar in Civil Suit No. 73/1998/92 has been reversed and the suit of the plaintiff has been dismissed.

2. Parties herein shall be referred by their names for the reason that due to long pendency of litigation, the original defendants have been substituted by number of legal representatives. Roshni Devi (appellant herein) was the plaintiff, whereas Khajana Ram and Man Chand were defendant No.1 and defendant No.2 respectively in civil suit before learned trial Court. Khajana Ram died and he was represented by his daughters Harbanso Devi and Narato Devi (respondents No. 2 and 3 before learned lower appellate Court). Man Chand was survived by legal representatives, who were the appellants before learned lower appellate Court.

4. Roshni Devi claimed herself to be wife of Jagat Ram, son of Khajana Ram (defendant No.1). Jagat Ram, husband of Roshni Devi had predeceased his father. Roshni Devi had filed Civil Suit No. 266 of 1992 against Kha

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