CHANDAN SINGH BISHT Vs. SAHARBANO
LAWS(UTN)-2012-7-18
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on July 30,2012

CHANDAN SINGH BISHT Appellant
VERSUS
Saharbano Respondents

JUDGEMENT

- (1.) Heard Shri V.K. Kohli, Senior Advocate assisted by Shri Jitendra Chaudhary, Advocate for the appellants and Shri Parikshit Saini, Advocate for the respondent.
(2.) Defendants/appellants have filed the present appeal against the judgment and decree dated 29.06.2011 passed by the Civil Judge, Senior Division, Nainital in Suit No.33 of 2011-Smt Shaharbano vs. Chandan Singh Bisht and another whereby the plaintiffs' suit was decreed and the sale deed dated 04.10.2010 executed by the plaintiff in favour of the defendants was declared void and ineffective.
(3.) Plaintiff/respondent instituted suit no.33 of 2011 for a declaration that the sale deed dated 04.10.2010 be declared void and ineffective. This suit was registered on 11.05.2011. On the same day, notices were issued to the defendants/appellants fixing 13.06.2011 for filing the written statement and 20.06.2011 was fixed for the framing of the issues. One Bharat Singh Rawat, process server submitted an undated report stating therein that service could not be effected as there are two or three villages in the name of Kelani. However, on 13.06.2011 Km. Tamanna Hanif, Advocate appeared on behalf of the defendants/appellants and filed her vakalatnama. Since the Presiding Officer was on leave the same was kept on record for placing it before the Presiding Officer on the date fixed. On 20.06.2011, following two issues were framed and the case was fixed for evidence on 27.06.2011. "1. Whether sale deed dated 04.10.2010 executed by the plaintiff in favour of defendant is liable to be declared as void and ineffective? 2. Relief";


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