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1996 Supreme(P&H) 949

N.K.KAPOOR
Sarla Kumari – Appellant
Versus
Santosh Kumari And Ors. – Respondent


Judgment

N.K.Kapoor, J.

1. This is defendants Regular Second Appeal against the judgment and decree of the Additional District Judge affirming in appeal the judgment and decree of the trial Court.

2. Briefly put, plaintiff filed a suit for possession by redemption of land measuring 2 Kanals 14 Marlas, as per details given in the head note of the plaint, on payment of Rs. 3000/- as well as sought declaration that the order of Collector dated 27.4.1982 is illegal and void. In the alternative, the plaintiff claimed that suit for possession by redemption of land measuring 15 Marlas be decreed.

3. Pursuance to the notice issued by the Court contesting defendants filed written statement controverting the various averments made by the plaintiff in her plaint. Various objections with regard to maintainability of the suit in the present form; non-joinder of necessary parties too were raised.

4. On the pleadings of the parties, following issues were framed:-

1. Whether the suit is liable to be stayed under order 10 of C.P.C.? OPD.

2. Whether the suit is bad for non-joinder of necessary party? OPD.

3. Whether the plaintiff is entitled to redeem the suit land. If so, to what amount? OPP.

4. Whe






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