Gian Kaur v. Chamkaur Singh & ORS

C.R. No.2437 of 2016 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.2437 of 2016 Date of Decision.05.04.2016 Gian Kaur .......Petitioner Vs.

Chamkaur Singh and others ........Respondents

Present:

Mr. Surinder Singh Walia, Advocate for the petitioner.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) 1.

The point raised in the revision petition is that the trial Court has not framed an issue on the basis of pleading relating to claim for the purchase by defendant Nos.2 to 6 as bona fide purchasers from the 1st defendant in his capacity as power of attorney. The suit is for a declaration for relief, inter alia, that the power of attorney said to have been executed in favour of the 1st defendant is fraudulent and null and void.

2.

Framing of issue is essentially duty of the Court and I dispense with notice to the respondents and having regard to the pleadings of the respective parties, I frame the following additional issue and direct the matter for consideration along with other issues:- "Whether defendant Nos.2 to 6 are bona fide purchasers for value without notice of any defect of the invalidity of the alleged power of attorney in favour of the 1st defendant as PANKAJ KUMAR 2016.04.06 16:36 I attest to the accuracy and integrity of this document

C.R. No.2437 of 2016 -2contended by defendant Nos.2 to 6? OPD"

3.

The revision petition is disposed of as above. (K. KANNAN) JUDGE April 05, 2016 Pankaj* PANKAJ KUMAR 2016.04.06 16:36 I attest to the accuracy and integrity of this document