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2002 Supreme(SC) 2167

DORAISWAMY RAJU, SHIVARAJ V.PATIL
Nihal Singh – Appellant
Versus
Matadeen – Respondent


ORDER :

Doraiswamy Raju, J.

1. The above appeal has been filed against the judgment of a learned Single Judge of the High Court of Punjab and Haryana at Chandigarh dated 02.06.1982 in RSA No. 627 of 1992 dismissing the appeal as of no merit, thereby, affirming the judgment of the learned Additional District Judge, Narnol dated 05.02.1992 in CA No. 58/1991, which, in-turn, has set aside the judgment and decree of the learned Trial Judge dated 15.02.1991, resulting in the dismissal of the suit filed by the appellant.

2. Heard the learned counsel for the appellant and the learned senior counsel for the respondent. The appellant filed Civil Suit No. 909 of 1987 for a declaration to the effect that he is the owner of ?th share belonging to Mukha, son of Dilbar, in addition to his own share on the basis of a civil court decree passed in civil suit No. 338 of 1973 decided on 11.09.1974. The learned Trial Judge decreed the suit on the basis of the judgment dated 11.09.1974 in civil suit No. 338 of 1973. Aggrieved, the respondent pursued the matter on appeal before the District Court and as noticed earlier, the learned Additional District Judge, while setting aside the judgment and decree pass

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