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2010 Supreme(P&H) 2765

ALOK SINGH
Gurdit Singh – Appellant
Versus
Amrit Pal – Respondent


Judgment

Alok Singh, J.

1. Since in the present petitions, the facts and questions involved are identical, hence, all the petitions are being taken up and decided by this common judgment with, the consent of the learned counsel for the parties. By the impugned order, the application moved by the defendants under Section 10 read with Section 151 C.P.C. seeking stay of the suit or in alternative seeking direction to decide issue no.5 as preliminary issue, was dismissed.

2. The brief facts of the present case are that plaintiff - respondent has filed suits for cancellation of the various sale deeds on the ground that on the date of execution of the power of attorney, plaintiff was minor as his date of birth is 11.10.1965. He became major on 11.10.1983, while alleged general power of attorney in favour of Jarnail Singh was executed on 04.02.1982, hence, general power of attorney was void and any sale deed executed by Jarnail Singh, power of attorney is also void.

3. Learned counsel for the petitioners vehemently argued that since in the previously instituted suit and in the present suit, the question and grounds to challenge the impugned sale deeds are identical, hence any decision on t





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