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2010 Supreme(P&H) 166

RANJIT SINGH
Partap Singh Sharma – Appellant
Versus
Union Of India – Respondent


Judgment

RANJIT SINGH, J.

1. No one appears when Regular Second Appeal is taken up for hearing. The appellant, Partap Singh, has filed a civil suit on 18.05.1984 against Union of india and the State of Punjab seeking a decree for declaration to the effect that he is entitled to grant of freedom fighter pension from August, 1972. As per the averment made in the suit, the appellant had statedly served in the indian National Army from 1942 to 1945 as a Sepoy. He claims to have worked in azad School of Indian National Army at Penang from where he was taken as prisoner when it came under the control of British. It is accordingly stated that he was imprisoned in Bidda Dairy Camp prison, Singapore, where he remained for nearly 8 months. On this basis, he made a claim for grant of freedom fighter pension. Prior to filing the suit, he served a notice under Sec.80 of the CPC and when despite that no pension was sanctioned, he filed a suit.

2. The suit was contested by the defendants. It is stated that case of the appellant was of doubtful category as he had made a contradictory claims at different times and have also adduced evidence, which is of a contradictory nature. It is disclosed that t



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