RAMA DOGRA Vs. KIMTU
LAWS(HPH)-1997-2-3
HIGH COURT OF HIMACHAL PRADESH
Decided on February 25,1997

RAMA DOGRA AND ORS Appellant
VERSUS
KIMTU AND ORS Respondents


Referred Judgements :-

THAKRI DEVI V. RAMA DOGRA AND ORS. [REFERRED]


JUDGEMENT

- (1.)This judgment shall dispose of three appeals, i.e. R. F. A No. 108 of 1986 filed by Smt. Rama Dogra and Ors. who are heirs and successors of late Charan Dass Dogra, who was Defendant No. 1 in the suit; R. F. A. No. 118 of 1986 filed by Dev Raj and Ors. who were Defendants No. 2 to 4 in the suit; and R.F.A. No 54 of 1987 (Devta Ganpati v. Smt. Rama Dogra and Ors.), as all these three appeals have arisen out of the same judgment passed in Civil Suit No 311 of 1981 decided by the learned single Judge of this Court vide judgment and decree dated October 18, 1985 The parties, hereinafter in the judgment, shall be referred to as 'Plaintiff' and 'Defendants'.
(2.)The suit out of which the present appeals have arisen, was filed by Gehru as deaf and dumb through his wife and next friend Smt. Devku. Gehru has died and Smt. Kimtu daughter of Gehru has been substituted in his place vide order dated July 5, 1984 passed by the learned single Judge. Defendant No. 3 was Charan Dass who too has died during the pendency of the suit and his legal representatives, i e. wife, daughters and son, have been brought on record in his place as Defendants No. 1-A to 1-F vide order passed by the learned single Judge of this Court on June 29, 1982. In the suit, Gehru claimed a decree for possession of the suit land as well as for Rs. 51,000 as mesne profits on account of use and occupation of the land and these mesne profits were calculated for three years-1976 to 1979 In the alternative, a decree for Rs. 99,949 was claimed.
(3.)The Plaintiff claimed himself to be an indigent person as defined under Order 33, Rule 1 of the Code of Civil Procedure and pleaded that he was deaf and dumb and a person of ill intellect. He could, however, understand by signs and gestures. He was unable to file the present suit on account of the disability and the same was being filed through his wife and next friend Smt. Devku who had no adverse interest to him and was a fit person to act as next friend.


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