Mangat Ram & ORS v. Mast Ram & ORS

VINOD KUMAR 2015.02.18 10:17 I attest to the accuracy and authenticity of this document Chandigarh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH SAO No.91 of 2014 (O&M) Date of decision:13.02.2015 Mangat Ram (deceased) through his LRs ...Appellant

Versus

Mast Ram and others

...Respondents

CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. S.S.Salar, Advocate, for the appellant.

***** Rakesh Kumar Jain, J.

The suit filed by the plaintiffs-appellants for declaration and consequential relief of permanent injunction was decreed on 22.04.2014. The defendants' appeal was allowed and the judgment and decree of the trial Court was set aside by the lower Appellate Court vide its order dated 26.08.2014 and the case has been remanded back to the trial Court for fresh decision after framing two additional issues, namely, (i) whether suit of the plaintiff is within limitation?OPP. and (ii) whether suit of the plaintiff is bad for non-joinder of necessary parties.?OPD. I have heard learned counsel for the appellants who could not point out any substantial error in the order of the lower Appellate Court for the purpose of interference in this appeal.

Consequently, the present appeal is hereby dismissed being denuded of any merit.

February 13, 2015 (Rakesh Kumar Jain) vinod* Judge