- (1.) THIS second appeal is preferred against the judgment dated 7.9.1999 passed by 10th Additional District Judge, Gorakhpur in civil appeal no.70 of 1999 arising out of judgment dated 12.5.1999 passed by Civil Judge(J.D.) in O.S. no.622 of 1989.
(2.) THE brief facts which give rise to this appeal are that plaintiff appellant, hereinafter, called 'the appellant' filed a suit for cancellation of sale deed dated 11.11.1988 on the ground that the said sale deed is an outcome of fraud played upon appellant by defendant respondent. Initially the appellant executed a will in favour of respondent. Later on the respondent in the garb of modification of above said Will got the impugned sale deed executed from the appellant. The appellant never intended to transfer her land in favour of respondent. No consideration shown in the alleged sale deed, was ever paid to the appellant.
(3.) THE suit was contested by the respondent and it was stated that the appellant executed sale deed in favour of the respondent without any fraud played upon her after accepting the consideration shown in the sale deed. Since the case was pending before the Civil Judge (J.D.) for a considerable long time, a writ was filed by the respondent in the High Court for expeditious disposal of the suit and the High Court directed the Civil Judge (J.D.) to decide the suit within six months. When the suit was not decided within six months, respondent again moved a contempt petition before the High Court who further directed the Court to decide the suit within three months. The respondent filed the order of the High Court before the Civil Judge (J.D.). The Court fixed date for evidence of the appellant and when the appellant failed to adduce evidence, his evidence was closed and respondent was allowed to adduce his evidence. After taking the evidence of respondent and after hearing the arguments of both the parties the suit was dismissed.;