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High Court of Punjab and HaryanaRSA/1378/2013dismissed

Khushi Ram And ORS v. Dal Chand And ORS

2015-08-17Mr. Justice Harbans Singh Rai2 pages

RSA No.1378 of 2013 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.1378 of 2013 (O&M) Date of Decision.17.08.2015 Khushi Ram and others .......Appellants

Versus

Dal Chand and others ......Respondents

Present:

Mr. B.S. Tewatia, Advocate for the appellants.

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 appeal is at the instance of the plaintiffs that a decree of dismissal obtained through judgment in Civil Suit No.522 and 523 of 1981 was illegal, null and void and not binding. The suit had been filed by one Mrs. Runki who was the wife of one Ram Swarup. Runki's children are defendants No.6 to 8. The plaintiffs claimed to have purchased the property from the wife of Attar Singh, Parmali on 31.05.1983 and 15.6.1983. The contention was that since the plaintiffs were not party to the suit, the decision will not bind them. The suit has been instituted in the year 1981 and they have purchased the property in the year 1983. There is no ground made as to how the decree which was obtained against the vendor and the plaintiffs cannot be binding on the plaintiffs. I asked the counsel to produce the copy of the judgment which he was seeking to be set aside. The counsel was unanble to produce even the judgment which is said to be vitiated and PANKAJ KUMAR 2015.08.19 16:41 I attest to the accuracy and integrity of this document

RSA No.1378 of 2013 (O&M) -2which will not bind them.

2.

I find no substantial question of law for consideration in the second appeal. The second appeal is dismissed. (K. KANNAN) JUDGE August 17, 2015 Pankaj* PANKAJ KUMAR 2015.08.19 16:41 I attest to the accuracy and integrity of this document