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2010 Supreme(HP) 1199

SURJIT SINGH
Shashi Bala Bhalaik – Appellant
Versus
State of H. P. – Respondent


JUDGMENT :

SURJIT SINGH, J.

1. This regular second appeal by the legal representatives of Devi Singh, original plaintiff, is directed against the judgment and decree dated 28.4.1999, of learned Additional District Judge, whereby, dismissing the appeal of appellants-plaintiffs, decree dated 22.6.1994 of learned trial Court, dismissing appellants' suit, has been upheld.

2. Appeal was admitted on the following substantial questions of law:

    1. Whether the courts below have erred in holding that the suit of the appellants-plaintiffs is barred by limitation?

2. Whether the courts below have mis-read and misinterpreted the pleadings, evidence and more specially the documentary evidence Ex.P-3, Ex. P-5 and Ex.P-6 to come to the conclusion that defendant No. 4 is the son of deceased - plaintiff Devi Singh?

3. Facts, giving rise to the appeal and relevant for its disposal, may be noticed. Late Shri Devi Singh (hereinafter referred to as plaintiff) filed a suit for declaration that respondent No. 4, Rajesh Kumar, was not his son and that entries, showing him as his son, in his educational qualification certificates, were illegal, wrong and of no consequence qua him. By way of further relief, dec

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