1. The present appeal has been filed by the original plaintiff, whose suit has been held to be barred by the provisions of Order IX , R.9. Civil Procedure Code.

2. The present plaintiff filed a suit for declaration on the basis of a title and seeking possession of field Survey No. 217/2, situated at Mouza Yeoli, district Amravati. She alleged that defendant No. 1 one Sadasheo, had practised fraud on her and made her sign a general power of attorney in his own favour which included power to transfer her property too. Accordingly, power of attorney was got executed from her on December 15, 1959. She further alleged that acting under the said fraudulent power of attorney, defendant No. 1 purported to execute a sale deed on January 12, 1960 in favour of defendant No. 2, one Bhaskar Bobde. It is her case that these two defendants further purported to lease the suit field to defendant No. 3, who was real brother of defendant No. 1, under an alleged registered lease deed of July 19, 1960. She asserted, therefore, that her title was never lost and the defendant No. 3 was not the lessee of the field but was in unauthorised occupation thereof. Amongst other things, she claimed declaration as