S. N. Aggarwal, J.

1. Ram Kishan (predecessor-in-interest of the appellants) filed civil suit for declaration and permanent injunction challenging the judgment and decree dated 22.5.1982 passed by the Court of Shri b. L. Singhal, Sub Judge Ist Class, Narwana in civil suit No.598 of 1981 titled "santu Versus Ram Kishan and another". His version was that santu had nothing to do with the suit property which belonged to Ram kishan and his brother Chhotu but Santu had falsely obtained the said judgment and decree. It was further pleaded that neither there was any settlement between the parties nor Ram Kishan had appeared before the trial Court for making any statement. Therefore, the judgment and decree dated 22.5.1982 were not binding on him and Santu, respondent no.1 had no right, title or interest in the suit property. Santu, respondent No.1 had contested this case. He had pleaded that family settlement had taken place as a result of which the parties had appeared before the trial Court and had made statements on the basis of which judgment and decree dated 22.5.1982 were passed which are legal and valid documents. Issues were framed.

2. In support of his case, Ram Kishan had