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MASTER HARJIT SINGH versus COMMANDER PURAN SINGH

High Court of Punjab and Haryana, Chandigarh

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Master Harjit Singh v. Commander Puran Singh - SAO-41-2005 [2006] RD-P&H 2023 (27 March 2006)

S.A.O. No. 41 of 2005 [1]

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

.....Appellant

Vs.

Commander Puran Singh

.....Respondent

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 [2]

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)

sanjay JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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