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2002 Supreme(P&H) 395

R.L.ANAND
Ranjit Singh – Appellant
Versus
Surjan Singh – Respondent


Advocates Appeared:
For the Appellant :Mr. Ashok Singla, Advocate.

JUDGMENT

R.L. Anand, J. - The plaintiff has been non-suited by the Courts below and it will be proper for me to reproduce para 12 of the judgment of the first appellate Court :-

"The law on the admission, is well settled, that admission is the conclusive and binding on the partly making it, unless it is shown that the said admission, was erroneously made. In the present case, there is no dispute between the parties that after of the plaintiff earlier filed a civil suit for possession against the father of the defendant, Gurjit Singh and Kartar Singh father of Munsha Singh claiming that they had encroached upon the property in dispute, and injunction was also sought for restraining the said defendants, from raising construction over the property in dispute and the said suit was withdrawn by Chanan Singh, father of the plaintiff on 15.10.19422 and the suit was dismissed under Order 23 Rule 1 CPC. The defendant has placed on record, certified copies of the proceedings of the said case as Ex. D-1 and D-2 and D-3 along with its Punjabi translation. On the other hand, the plaintiff does not deny the filing of the earlier suit by his father nor the plaintiff led any evidence, to show that



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