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1958 Supreme(P&H) 1

A.N.BHANDARI
Tarsem Singh Major – Appellant
Versus
Jagindro – Respondent


Judgment

A.N.Bhandari, J.

1. This petition raises the question whether the learned District Judge was justified in dismissing an application for the amendment of a decree.

2. The allotment of a plot of land in favour of one Shrimati Jogindro, a displaced person from the West Punjab, was cancelled by the Custodian of Evacuee Property on the ground that the allottee had left no land in Pakistan on the basis of which the allotment could have been made. Jogindro challenged the correctness of this decision by means of an action in a Court of law & claimed relief on two grounds, namely (1) that she was aw owner of a plot of land situate in Pakistan, and (2) that the allotment was cancelled without her being afforded a reasonable opportunity of being heard. The trial Court found in favour of the plaintiff and granted her the decree prayed for. The learned District Judge, Mr. I. N. Kapur, to whom an appeal was preferred refrained from deciding whether the land in Pakistan belonged to the plaintiff or to the defendants, for this question had to be decided by the Custodian of Evacuee Property and not by a civil Court. He held, however, that as no notice was served on the plaintiff before the











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