Ram Singh v. Joginder Singh

YOGESH SHARMA 2019.02.22 09:50 I attest to the accuracy and integrity of this document RSA-1820-2016 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RSA-1820-2016 (O&M) Date of decision : 20.02.2019 Ram Singh ... Appellant

Versus

Joginder Singh ... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. R.S. Chauhan, Advocate for the appellant.

**** AMIT RAWAL, J. (ORAL) CM-4887-C-2016 For the reasons stated in the application, the delay of 16 days in refiling the appeal is condoned.

CM stands disposed of.

RSA-1820-2016 The short point involved in the present regular second appeal is whether the plaintiff could be permitted to challenge the partition proceedings which attained finality, in view of the provisions of Section 158 of the Punjab Land Revenue Act. The answer is 'No'. The plaintiff did not aver in the plaint with regard to the partition proceedings effected in 2001, resulting into, mutation No.3057, impugned. In such circumstances, the suit was not maintainable. This is what has been held by the Courts below. In this view of the matter, I do not find any illegality and perversity in the judgments and decrees of the Courts below, much less, no substantial question of law arises for determination. No ground for

YOGESH SHARMA 2019.02.22 09:50 I attest to the accuracy and integrity of this document RSA-1820-2016 (O&M) interference is made out.

Resultantly, the present regular second appeal is dismissed. 20.02.2019 Yogesh Sharma ( AMIT RAWAL ) JUDGE Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No