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2017 Supreme(P&H) 1594

ANIL KSHETARPAL
Dhian Singh – Appellant
Versus
Mohinder Singh – Respondent


Advocates Appeared:
For the Appellants :Ms. Aparna Singhla, Advocate, for Mr. Avnish Mittal, Advocate, Mr. Rai Singh Chauhan, Advocate,
For Respondents:Ms. Aparna Singhla, Advocate, for Mr. Avnish Mittal, Advocate, Mr. Rai Singh Chauhan, Advocate, Mr. S.K.Jain, Advocate, Mr. Aasheem Jain, Advocate

JUDGMENT :

ANIL KSHETARPAL, J.

1. By this common judgment, I shall be disposing of RSA No.2708 of 2005, Civil Revision No.1754 of 2014 and Civil Revision No.3105 of 2017.

2. The following substantial questions of law arise for consideration in the present case:-

(i) Whether a decree passed by the Court under Order 12 Rule 6 CPC (consent decree) acknowledging earlier oral family settlement is required to be registered or not?

(ii) Whether in a family settlement, the word family includes the persons who are having right of succession only or the word family is to be given a wider meaning so as to include even those persons who are related and may not have direct right of inheritance/succession?

(iii) What is the period of limitation for challenging a decree passed by the Court?

3. Defendants-appellants are in regular second appeal against judgments and decrees passed by the Courts below.

4. Plaintiffs-respondents had filed a suit challenging Civil Court decree dated 22.02.1984, passed in Civil Suit No.75, dated 15.02.1984.

5. Late Smt. Jattan was owner of land measuring 107 bighas and 2













































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