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1961 Supreme(P&H) 218

TEK CHAND, K.L.GOSAIN
Kamla Devi W/o. Banarsi Dass – Appellant
Versus
Kishori Lal Labhu Ram – Respondent


Judgment

Tek Chand, J.

1. This is a regular first appeal filed by the plaintiffs from the decree and judgment of the Senior Sub-Judge. Ferozepore, dismissing their suit with costs. Plaintiff No. 1 was ordered to pay count-fees of Rs. 1953.60 as the suit had been brought in forma pauperis. The following pedigree-table will indicate the relationship of the parties with Banarsi Dass deceased.

196_MK..hw.htm

2. Jamna Devi died during the life-time of Banarsi Dass and she had borne to him two daughters Mehma Devi and Kesra Devi, both of whom are married. On the death of Jamna Devi, Banarsi married Kamala Devi, plaintiff No. 1, who bore to him two daughters, Kamlesh and Pup, who are minors. Labhu Ram was the brothers of Banarsi Dass and he had been impleaded as defendant No. 1 and his son Kishori Lal as defendant No. 2. During the pendency of the suit, Labhu Ram died and is represented by Kishori Lal his so, who has been a defendant from the beginning. Champa Devi is Labhu Rams daughter who is married. The three plaintiffs that is, Kamla Devi and her two minor daughters, were allowed to sue as paupers. The petition to sue in forma pauperis was made on 30th December, 1957, but, as amended,









































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