High Court of Punjab and Haryana, Chandigarh
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Master Harjit Singh v. Commander Puran Singh - SAO-41-2005  RD-P&H 2023 (27 March 2006)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
S.A.O. No. 41 of 2005
Date of Decision: March 27, 2006
Master Harjit Singh
Commander Puran Singh
CORAM: HON'BLE MR. JUSTICE VINEY MITTAL.
Present:- Mr. P.L. Singla, Advocate
for the appellant.
Mr. J.S. Thind, Advocate
for the respondent.
VINEY MITTAL, J. (ORAL)
From the perusal of the order under challenge passed by the learned Additional District Judge, Amritsar, it is apparent that the learned first Appellate Court has found that the necessary issues arising out of the pleadings of the parties had not been framed by the learned trial Court. The claim of the defendant Harjit Singh was based on a sale deed dated October 27, 1997, executed by Bhan Singh and also on the basis of a Will dated S.A.O. No. 41 of 2005 
August 26, 1997 executed by the aforesaid Bhan Singh. The onus of proving the aforesaid facts was obviously on the defendant and the plaintiff was required to lead evidence in rebuttal. Consequently, I find that no exception could be taken to the order dated April 27, 2005 passed by the learned Additional District Judge, Amritsar.
Consequently, the present appeal is dismissed.
March 27, 2006 (VINEY MITTAL)
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