Maya Devi vs Laxmi Devi - 1988 Supreme(All) 922

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1988 Supreme(All) 922

S. R. BHARGAVA
Maya Devi – Appellant
Versus
Laxmi Devi – Respondent

JUDGMENT

S.R. Bhargava, J. - In this appeal facts as that one Gaya Prasad had wife Smt. Ram Pyari and his son Govind Prasad respondent No. 2. Appellant Smt. Maya Devi is wife of said Govind Prasad. In 1940 Gaya Prasad and Govind Prasad executed a simple mortgage in respect of a house. In 1955 a suit for recovery of mortgage money by sale of mortgaged house was filed. Both Gaya Prasad and Govind Prasad were parties to the said suit. Preliminary decree was passed. In the stage for final decree Gaya Prasad was represented by his wife Smt. Ram Pyari as his guardian on the ground of alleged lunacy. Final decree was passed. There was execution and sale of the mortgaged house. In i960 Gaya Prasad through his wife as his guardian filed suit for cancellation of decree and sale in the mortgage suit on the ground of alleged lunacy. In 1974 that suit was dismissed. Again Gaya Prasad represented by his wife filed appeal informa-pauparis. Gaya Prasad died and was substituted by his wife who also unfortunately died and then appellant Smt. Maya Devi was substituted. She was required to pay court fee and on her failure the appeal was dismissed on 14-9-1976. In 1981 appellant Maya Devi filed review a

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