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2013 Supreme(P&H) 889

K.KANNAN
Girdwari – Appellant
Versus
Reshmi (since deceased, through her LRs) – Respondent


Advocates:
For the Appellants 1, 6 and 7:Mr. Jasminder Singh Thind, Advocate.
For the Appellants 2 to 5:Mr. Ravi Sodhi, Advocate.
For the Respondents:Mr. R.S. Mittal, Senior Advocate with Mr. Abhimanyu, Advocate, and Mr. Chander Shekhar Singh, Advocate.

JUDGMENT

Mr. K. Kannan, J. (Oral):- The following substantial questions of law arise for consideration in the second appeal:-

i) Whether the plaintiffs had any subsisting right to the property during the lifetime of the mother to institute the suit and question the decree that was allowed between the mother and her grandchildren through another daughter?

ii) Whether the decree allowing for the properties to be taken by the grandchildren through one of the daughters was a family settlement, as pleaded and hence, did not require to be registered?

iii) Whether the grandchildren through the daughter have any pre-existing right that could allow for devolution even without registration of consent decree suffered by the mother?

2. Before I begin my discourse on the points raised, I must observe that it had been a long time practice of this Court to admit second appeal without framing any substantial question of law. Later, when the law was such a procedure was mandatory, it has been supplanted by a practice of lawyers appearing for appellants to frame the substantial questions in a separate memorandum and the Court placing it on record. We shall remind ourselves that it is again a wrong p














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