Punjab-Haryana High Court
Chanan Singh vs Pritam Singh Etc on 6 March, 2024
Neutral Citation No:=2024:PHHC:033307
2024:PHHC:033307
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
129
RSA-1501-1990 (O&M)
Date of decision: 06.03.2024
Chanan Singh (deceased) son of Dhanna Singh through his LRs
...Appellant
VERSUS
Pritam Singh and others
...Respondents
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
Present :- Mr. Vikas Singh, Advocate for the appellant(s).
Mr. Harsharan Singh Bajwa, Advocate for respondent No.1.
*****
VINOD S. BHARDWAJ, J. (Oral)
CM-12630-C-2023
Prayer in the application is for impleadment of the LRs of
respondent No.2-Gurmail Kaur, respondent No.3-Bawi and respondent
No.4-Bawa Singh, in the main petition.
For the reasons mentioned in the application, the same is
allowed subject to all just exceptions and LRs of respondent No.2-Gurmail
Kaur, respondent No.3-Bawi and respondent No.4-Bawa Singh, are ordered
to be taken on record.
Amended Memo of Parties is taken on record.
Main case:
1. The present appeal had been preferred against the judgment
dated 12.04.1990 passed by the Additional District Judge, Hoshiarpur,
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Neutral Citation No:=2024:PHHC:033307
129 RSA-1501-1990 (O&M)
whereby the finding of the Sub-Judge 1st Class, Dasuya, on issue No.2
pertaining to the execution of a valid Will dated 01.10.1974 by Gopal Singh
in favour of plaintiff No.1-Pritam Singh son of Mani Singh, has been
reversed.
2. The Sub-Judge 1st Class, Dasuya, had not accepted the Will to
have been duly established and returned a finding that the same was
surrounded by suspicion but the finding on the said issue was reversed by
the Additional District Judge, Hoshiarpur, in his judgment and decree dated
12.04.1990. At the time when the present appeal was filed, the contention of
the appellant was noticed specifically to the effect that he would confine his
appeal only with respect to the finding arrived at under issue No.2.
3. During the course of resumed hearing today, learned counsel
for the appellants contends that the Will set up by the respondent-plaintiff
was disbelieved by the Sub-Judge 1st Class, Dasuya. Aggrieved of the
aforesaid judgment and decree dated 17.12.1987 passed by the Sub-Judge 1st
Class, Dasuya, respondent-plaintiff preferred an appeal wherein even though
the said judgment and decree was affirmed, however, finding on issue No.2
was reversed. The Will dated 01.10.1974 was accepted to have been proved.
He further contends that he would have no objection in case the issue as
regards the validity and genuineness of the Will of Gopal Singh is kept open.
4. Learned counsel for respondent No.1 has no objection to the
aforesaid prayer.
5. Accordingly, the present appeal is allowed to the above extent,
with the consent of the parties viz. the appellant and respondent No.1. The
issue as regards the validity of Will dated 01.10.1974 reversed by the
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129 RSA-1501-1990 (O&M)
Additional District Judge, Hoshiarpur, is left open and the finding recorded
on the said issue by the Additional District Judge, Hoshiarpur, in RBT Civil
No.125 dated 08.01.1988/03.08.1988 decided on 12.04.1990, shall not be
binding inter se amongst the appellants and respondent No.1.
6. All other civil misc. applications, if any, stands disposed of.
(VINOD S. BHARDWAJ)
06.03.2024 JUDGE
Mangal Singh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2024:PHHC:033307
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