- (1.) THIS is unsuccessful plaintiffs regular second appeal.
(2.) PLAINTIFFS society filed a suit for declaration to the effect that they are entitled to recover various amounts advanced to Dharam Singh, defendant No. 1, on his exexuting 'tamasak' in favour of the society on payment of interest at the rate of 13-1/2 per annum. The plaintiff further averred that the sale deed executed by defendant No. 1 in favour of defendant No. 2 and 3 on 13. 7. 1978 with respect to the land detailed in the heading of the plaint is illegal and void and thus ineffective qua the rights of the plaintiff. It was further averred that defendant No. 1 with a view to avoid payment of the loan amount due has suffered this sale deed in favour of defendant No. 2.
(3.) DEFENDANT No. 1 did not contest the suit. However, the suit was contested by defendant Nos. 2 and 3, filed written statement and took preliminary objections in the nature of non-maintainability of suit; suit being bad for non issuance of any notice; suit as framed is not maintainable etc. Reply was filed on merits as well.;