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2017 Supreme(P&H) 2957

REKHA MITTAL
Nazar Singh – Appellant
Versus
Kulbir Kaur – Respondent


Advocates Appeared:
G.S. Sirphikhi, Advocate, for the Petitioner; R.D. Bawa, Advocate, for the Respondent Nos. 1 to 3; None, for the Respondent No. 4

JUDGMENT

Rekha Mittal, J. - The present petition directs challenge against order dated 27.9.2016 (Annexure P-7) passed by the Civil Judge (Junior Division), Batala, whereby application filed by the petitioner/defendant No. 1 for striking off para Nos. 1 to 9, 13, 14, 18 to 22 of the affidavit of Paramjit Kaur plaintiff in rebuttal and de-exhibiting the documents mentioned in abovesaid paras has been dismissed.

2. Counsel for the petitioner has submitted that Kashmir Kaur widow (since deceased) and three daughters of late Sh. Tara Singh filed the suit for declaration that plaintiffs are the co-sharers/owners in possession to the extent of %rd share i.e. %th share each in the land in question which they have inherited after death of Tara Singh son of Harnam Singh resident of village Dalam Nangal Tehsil Batala, against Nazar Singh and Major Singh sons of Tara Singh. The plaintiffs claimed their right in the suit property on the plea that suit property is joint Hindu family coparcenary property in the hands of Tara Singh, therefore, the plaintiffs have %th share each in the land whereas the remaining %th share each is co-owned by the defendants, sons of Tara Singh. The plaintiffs further

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