High Court of Punjab and HaryanaRSA/1200/1996disposed of

Surjeet Singh And ORS v. Makhan Singh And ORS

2026-01-31Mr. Justice Deepak Gupta2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** RSA-1200-1996 (O&M) Date of Decision: 31.01.2026 SURJEET SINGH (Deceased) Thr. LRs. AND ORS . . . . Appellants Vs.

MAKHAN SINGH AND ANR.

. . . . Respondents **** CORAM: HON'BLE MR JUSTICE DEEPAK GUPTA **** Argued by:- Mr. Daljit Singh, Advocate for Mr. A.S. Manaise, Advocate for the appellants.

**** DEEPAK GUPTA, J.

CM-7753-C-2025 This is an application under Order 22 Rule 3 CPC (wrongly mentioned as Rule 4 CPC), to bring on record the respective LRs of appellant No.1(iii)-Davinder Singh, appellant No.2-Hazara Singh, appellant No.3(i)-Ajit Kaur, appellant No.3(iv)-Avtar Singh and appellant No.3(v)-Racchpal Singh who have died during the pendency of appeal. The name of respective LRs of the appellants are disclosed in Para No.2 which are brought on record.

Allowed subject to all just and legal exceptions. Amended memo of parties is taken on record.

RSA-1200-1996 Appellants have again failed to make compliance of the order dated 16.07.2024 as no application has been moved to bring on record the LRs of deceased-respondent No.1.

HIMANSHU 2026.02.03 13:28 I attest to the accuracy and integrity of this document

RSA-1200-1996 (O&M) -2In the aforesaid circumstances, this Court is constrained to proceed with the matteer in accordance with law. The present appeal was filed by the appellants against the concurrent findings of the Courts below inasmuch as suit for seeking permanent injunction filed by the plaintiffs/appellants herein was dismissed by the trial Court on 24.09.1994 and the appeal preferred by the plaintiffs/appellants was dismissed by learned Additional District Judge, Gurdaspur on 23.12.1995.

The suit was simplicitor for a decree of permanent injunction. Injunction had been sought against Makhan Singh and Bawa Singh i.e. respondents herein. Since LRs of respondents had not been brought on record, no effective decree can be passed, if it is accepted.

In the aforesaid circumstances, the present appeal is disposed of for non compliance.

(DEEPAK GUPTA) 31.01.2026 JUDGE himanshu Whether Speaking/reasoned Yes Whether reportable No HIMANSHU 2026.02.03 13:28 I attest to the accuracy and integrity of this document