- (1.) The plaintiff is in second appeal aggrieved against the judgment and decree passed by the first Appellate Court, whereby the appeal filed by defendant No. 3 was accepted and the suit for declaration that the plaintiff is entitled to receive pension and arrears of pension; as wife of deceased Hari Singh, was dismissed.
(2.) The plaintiff-Appellant has filed the suit to claim terminal benefits after the death of Major Hari Singh on the ground that she was married to Hari Singh on 11.11.1966. Out of her wedlock with Hari Singh, one son Damanjit Singh and one daughter Amandeep Kaur, were born. Hari Singh died on 17.11.1995 and the plaintiff being legally wedded wife is entitled to receive pensionary benefits, arrears and other benefits of service of Major Hari Singh.
(3.) Defendant Nos. 1 and 2 filed a written statement and pointed out that they have received papers from one Smt. Priya Hari Singh claiming pension being widow of late Major Hari Singh. It was, thus, pointed out that the suit is bad for non-joinder of necessary parties. In view of the said objections, Priya Hari Singh was impleaded as defendant No. 3, who filed written statement. It was her stand that the appellant is not the legally wedded wife and in fact, she is only legally wedded wife of Major Hari Singh after the death of his earlier wife Swaran Kaur. It was her stand that Hari Singh married her on 2.8.1989 after his retirement at Ludhiana through Anand Karaj ceremony. It is further submitted that Major Hari Singh has executed a valid registered Will on 7.7.1995 in her favour in respect of the property i.e. House, Kothi and other movable properties situated within the revenue limit of village Chanalon. In view of the pleadings of the parties, the following issues were framed :- "1. Whether the plaintiff is entitled to the declaration as prayed for ? OPP 2. Whether the suit is not maintainable in the present form ? OPD 3. Whether Priya Hari Singh is the legally wedded wife of late Major Hari Singh ? OPD 4. Whether deceased Major Hari Singh executed a valid registered Will dated 7.7.1995 in favour of Priya Hari Singh? OPD 5. Relief.";