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2018 Supreme(P&H) 3894

ANIL KSHETARPAL
Jugraj Singh – Appellant
Versus
Inder Singh – Respondent


Advocates Appeared:
Paramjit Batta, Advocate, for the Appellant; M.L. Sarin, Sr. Advocate with Ms. Alka Sarin, Advocate, for the Respondent

JUDGMENT

Anil Kshetarpal, J. (Oral) - Plaintiff-appellant is in regular second appeal against the judgment passed by the learned First Appellate Court reversing the judgment and decree passed by the learned trial Court.

2. In the considered opinion of this Court, the following substantial questions of law arises for consideration:-

    1. Whether an order passed by the Court while granting succession certificate which remains unchallenged, can affect the decision in a regular suit.

    2. Whether in the replication, plaintiff is required to plead in detail, countering the assertions made by the defendant in the written statement.

    3. Whether the judgment and decree passed by the learned First Appellate Court is result of misreading and mis-appreciation of evidence available on the file.

    Facts

    3. Plaintiffs-appellants filed a suit claiming that Amar Singh had died issueless and Santo was not his sister as claimed and therefore, the mutation entered is ineffective qua the rights of the plaintiffs. A short pedigree table would facilitate the Court in understanding the relationship between the parties.

    See Image 1132056

    4. The defendants contested the suit and pleaded that they are children of S

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