S.H.A. Raza, J. - (1.) By means of the present writ petition, the petitioner has prayed for the issuance of writ in the nature of certiorari quashing the judgments and orders dated 1.2.1983 and 7.4.1982 passed by the Additional District Judge, Gorakhpur and Munsif IInd, Gorakhpur. A writ in the nature of mandamus has also been prayed for directing the respondent No. 2 to entertain the suit to its original number to be decided on merit.
(2.) The brief facts giving rise to this writ petition is that the petitioner filed a civil suit bearing No. 67/1980 for injunction and cancellation of the sale deed dated 17.11.1979 on the ground that she was bhumidhar in possession, as heir of her father, over the land in dispute and her name was also mutated on 28.12.1979 after the death of her father. After the said mutation proceedings one Chhotey Lal, who was the Pradhan of the village, obtained a fraudulent sale deed on 17.11.1979 by impersonation as the father of the petitioner late Phagu had expired before the execution of the sale deed.
(3.) The suit was contested by the defendant-respondent on the ground that plaintiff-petitioner had no cause of action as the sale deed dated 17.11.1979 was executed by late Phagu. In the additional written statement the jurisdiction of the Court was also challenged.;