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DEEPAK GUPTA
Siri Bhagwan – Appellant
Versus
Murti Devi (dead) through LRs – Respondent
JUDGMENT :
Deepak Gupta, J. - Defendant No.1 of the case is in this appeal against the judgment of reversal. In fact this RSA No.382 of 1992 was disposed of by a co-ordinate Bench of this Court vide judgment dated 13.12.2006 but on the appeal filed by the plaintiff before Hon'ble Supreme Court, the matter was remanded for fresh decision with the direction to formulate substantial question of law and then to decide it afresh. In order to avoid confusion, parties shall be referred as per their status before learned trial Court.
2. Data Ram alias Kalu had three sons namely Lalia, Kirpa Ram and Richhpal. Lalia had one son, namely, Ram Lal. Defendant No.1 Siri Bhagwan (appellant before this Court) is the son of Ram Lal. Kirpa Ram on his death left behind his widow, namely, Smt.Murti Devi (plaintiff No.1) and two daughters, namely, Bholi (plaintiff No.2) and Dhan Kaur (defendant No.2). Richhpal had two sons, namely, Khem Chand and Banwari Lal, who are not parties to this litigation.
3. Smt.Murti along with one of her daughter Bholi filed Civil Suit No.315 of 1981 before the learned Sub Judge, Rewari, challenging the judgment and decree dated 11.11.1980 passed in Civil Suit No.638 of 1980 ti
Consent decrees based on family settlements cannot be challenged on procedural grounds but only on proven fraud.
Consent decrees based on family settlements cannot be challenged on incorrect facts unless fraud is proven; registration is not required for such decrees when they involve pre-existing rights.
The judgment emphasizes the importance of evidence in establishing fraud and misrepresentation, the definition of family for the purpose of family settlement, and the requirement of compulsory regist....
(1) Family settlement only declares rights which are already possessed by parties. An aggrieved person can seek enforcement of family settlement in a suit for declaration wherein family members have ....
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