Unknown vs Gurdeep Singh And Others" By Which
2023 Latest Caselaw 187 UK

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      11.01.2023                        SA No.158 of 2022
                                        Hon'ble Alok Kumar Verma, J.

The present Second Appeal has been filed against the judgment and decree dated 31.08.2022, passed by the learned Additional District Judge, Khatima, District Udham Singh Nagar in Civil Appeal No.73 of 2019, "Shyam Lal vs. Gurdeep Singh and Others" by which, the said Appeal has been dismissed. The said First Appeal was filed against the judgment and decree dated 22.10.2019, passed by the learned Trial Court, by which the Original Suit No.113 of 2010, filed by the proposed appellant-plaintiff, was dismissed.

Heard Mr. Rajesh Pandey, learned counsel for the proposed appellant.

Mr. Rajesh Pandey, Advocate submitted that according to the respondents-defendants, a Power of Attorney was executed on 15.06.1992 by the father of the plaintiff in favour of Darshan Singh, defendant no.2 (since deceased during the trial). He further submitted that the plaintiff's father had died on 05.11.1992 and after his death, Darshan Singh had executed a sale deed of the property of the plaintiff's father on 11.04.1994 in favour of his real brother, respondent no.1-defendant. Therefore, the plaintiff had filed the said original suit for cancellation of the said sale deed.

According to the Death Certificate of the plaintiff's father, death of the plaintiff's father was registered on 22.07.2005. Both the Courts below have held that the said certificate cannot be relied upon.

In the facts and circumstances of the case, it would be appropriate to grant an opportunity of hearing to the respondents-defendants also even before passing any order on Admission.

Issue notice to the respondents. Steps to be taken within a week. List this case on 01.03.2023 for arguments on Admission.

(Alok Kumar Verma, J.) 11.01.2023

Neha