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2009 Supreme(P&H) 1454

VINOD K.SHARMA
Vidya Sagar – Appellant
Versus
Mam Chand – Respondent


Judgment

Vinod K.Sharma, J.

1. The petitioner/decree holder has invoked the jurisdiction of this court under Article 227 of the Constitution of India for quashing the order dated 24.4.2006 passed by the learned Civil Judge (Junior Division), Jagadhri allowing application filed by the judgment debtor/respondent under Order 9 Rule 13 read with section 151 of the Code of Civil Procedure (for short the Code) for setting aside the decree dated 31.3.1980.

2. The facts leading to the filing of this revision petition are that the petitioner Vidya Sagar was owner of land measuring 91 kanals 15 marlas situated in village Katewali, Tehsil Jagadhari being half share of land measuring 152 kanals 4 marlas and 31 kanals 6 marlas. The remaining half was owned by his brother Raj Kumar son of Benarsi Dass.

3. On 14.4.1964 Raj Kumar, proforma respondent No.7 acting on his own and alleging himself to be the guardian of the petitioner who was minor at that time sold the entire piece of land measuring 152 kanals 4 marlas and an area of 40 kanals owned by him alone to the judgment debtors (respondents No.l to 6) vide a registered sale deed. The petitioner attained majority on 31.8.1973 and on attaining ma




































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