N.K.KAPOOR, J. - (1.) THIS is unsuccessful plaintiff s Regular Second Appeal challenging the judgment and decree of the Courts below.
(2.) THE appeal was admitted and was ordered to be heard with RSA No. 3511 of 1986. Regular Second Appeal bearing No. 3511 and 3512 of 1986 have been decided by the Division Bench on 11. 8. 1988. Since the case file of the present regular second appeal was misplaced in the record room, the same has been listed for final disposal. Plaintiff filed a suit for declaration and possession on the ground that the decree dated 10. 6. 1977 was procured by the defendant by playing fraud upon her and thus the same is null and void and so it does not affect her proprietary as well as possessory right in respect of the suit land.
(3.) DEFENDANT put in appearance, filed written statement and controverted the various material averments made in the plaint. It was specifically denied that any fraud was played or it was a case of misrepresentation. Other points with regard to the locus standi to file the present suit; suit being time barred as well as not maintainable were raised.;