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2008 Supreme(P&H) 2163

VINOD K.SHARMA
Surjit Singh – Appellant
Versus
Varinder Singh – Respondent


Advocates:
For the Petitioners:Mr. Kanwaljit Singh, Sr. Advocate with Mr. Rohan Chaudhary, Advocate.
For respondents No.1 to 5.:Mr. Gurcharan Dass, Advocate and Mr. S.K. Bawa, Advocate.

JUDGMENT

Vinod K. Sharma. J. (Oral) :- The petitioners have invoked the jurisdiction of this Court under Article 227 of the Constitution of India to challenge the order dated 15.2.2008 passed by the learned Additional Civil Judge (Sr. Divn.), Ludhiana whereby the application moved by the petitioners to lead additional evidence was ordered to be dismissed.

2. The petitioners filed a suit for partition regarding land measuring 3K-14M on the allegation that the suit land was jointly owned by their predecessor Bhagwant Singh, the predecessor of defendants No.1 to 8, Prem Singh and defendant No.9 Charan Singh. They claimed that they have got 1/4th share in the land in dispute. The defendants No.1 to 8 were owners to the extent of 1/4th share and the remaining ½ share was owned by defendant No.9 Charan Singh.

3. Defendant No.4 supported the case of the plaintiffs.

4. However, defendants No.1 to 8 contested the suit on the allegations that the aforesaid persons and Sham Singh were partners in a firm known as Bhodey Electric Engineering Company, Ahluwalia Street, Miller Ganj, Ludhiana. The property in dispute was acquired by the said firm. Lateran two more persons were inducted as partners





















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