- (1.) This regular second appeal is directed against the judgment and decree of the first appellate Court affirming on appeal those of the trial Judge.
(2.) The facts : Smt. Attri widow of Narain Singh was the owner of land measuring 49 kanals. She executed a will in favour of her daughter Chand Kaur appellant (hereinafter referred to as the plaintiff) bequeathing her entire estate in her favour. Harnam Kaur (hereinafter referred to as the defendant) claiming herself to be the daughter of Smt. Attri filed Civil Suit No. 32 of 1970 for joint possession of 1/2 share in the estate of deceased Attri against the plaintiff. That suit was dismissed of February 22, 1971 by Subordinate Judge, Jagraon. Smt. Harnam Kaur challenged the judgment and decree whereby her suit was dismissed in appeal. The appeal was filed in the court of Senior Subordinate Judge (exercising the enhanced appellate powers). The same was allowed ex parte on February 9, 1972. The plaintiff on coming to know of the ex parte decree in appeal moved an application for setting aside the decree but the same was dismissed as withdrawn on the ground that the Senior Sub Judge had no jurisdiction to hear and decide the appeal. The order of the Senior Sub Judge dated February 9, 1972 was challenged in a regular civil suit by the plaintiff on the ground that the same was null and void and that the plaintiff was entitled for a decree for joint possession of land measuring 8 kanals 3 marlas being 1/6th share of land measuring 49 kanals. The suit was dismissed by the trial Judge. On appeal the judgment and decree of the trial was affirmed by the first appellate Court.
(3.) The only argument addressed at the Bar by the learned counsel for the appellant is that against the judgment and decree rendered in Civil Suit No. 32 of 1970 on February 22, 1971, appeal lay to the District Judge and not to the Senior Subordinate Judge (exercising the enhanced appellate powers). The judgment rendered by the latter was without jurisdiction and as such a nullity. No right accrues to the defendant pursuant to the decree which was passed ex parte on February 9, 1972 by the Senior Subordinate Judge whereby the judgment and decree of the trial Judge in Civil Suit No. 32 of 1970 was reversed and the suit filed by the defendant was decreed and it was held that a valid will was executed by Smt. Attri in favour of the defendant.;