Sudhir Agarwal, J. - (1.) This is a plaintiff's appeal filed under Section 96 of Civil Procedure Code (hereinafter referred to as "CPC") arising from judgment dated 12.04.2005 and decree dated 19.04.2008 passed by Sri A.K. Agarwal, Additional District Judge, Court No. 7, Varanasi rejecting plaintiff-appellant's (hereinafter referred to as "plaintiff") plaint under Order VII Rule 11(d) CPC in Original Suit No. 176 of 2000.
(2.) Plaintiff filed plaint dated 24.04.2000 being Original Suit No. 176 of 2000 in the Court of Civil Judge (Senior Division), Varanasi. It had impleaded 7 defendants. Defendants-1 to 4 are members of a family being legal representatives of late Baij Nath Goel. Defendant-1, Smt. Sneh Lata Goel is the wife, Defendants-2 and 3, Alok Goel and Ashutosh Goel are sons and Defendant-4, Smt. Venu Jain is daughter of late Baij Nath Goel. Residential address of Defendants-1 to 4 mentioned in plaint is House No. 11, Anand Chowk, Dehradoon. Defendants-5 to 7 are relatives and belong to a different family inasmuch as Defendant-5 is Sardar Surendra Singh Johar, Defendant-6, Shani Johar is son of Defendant-5 and Defendant-7, Km. Samta Johar is daughter of Defendant-5. Address of Defendants-5 to 7 mentioned in plaint is House No. 125, A.B. Colony Kadru, Thana Agraura, District Ranchi (Bihar). Plaintiff himself claimed to be resident of House No. 2/285, Garden House Baka, Mohalla Pandeypur, Ward Sarnath, District Varanasi.
(3.) By means of aforesaid suit plaintiff seeks declaration that judgment dated 13.06.1990 and decree dated 20.06.1990 passed in Suit No. 154/145 of 1985/90, by Sub-Judge (Fifth), Ranchi, (State of Bihar) be declared void ab initio, illegal, having been passed without any jurisdiction and hence the same has no binding effect on plaintiff or her property mentioned at the bottom of plaint under Heads [1] , i.e., 'A' 'B' 'C' 'D'. A further declaration was sought that on the basis of aforesaid illegal judgment and decree neither any right or interest has been created or conferred upon anyone nor anyone can claim possession or otherwise right or interest on plaintiff's property in any manner nor anyone can alienate the said property. The property described at the bottom of plaint under heads 'A' 'B' 'C' 'D' reads as under:;