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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Raj Singh – Appellant
Versus
Ashok Kumar – Respondent
JUDGMENT :
Virinder Aggarwal, J.
The appellants/defendants/counter-claimants filed this regular second appeal against the judgment and decree passed by learned Additional District Judge, SAS Nagar, Mohali, dated 21.11.2024.
2. Briefly, respondents/plaintiffs filed suit for permanent injunction restraining defendants from interfering in the possession of plaintiffs over the suit land measuring 1 bigha 6 biswas comprised in Khewat No.118, Khatoni No.196-197 bearing Khasra No.1111(0-5) and 1177 (1-1) situated within the revenue estate of Village Handesra, Tehsil Dera Bassi, District SAS Nagar, Mohali and from changing the nature by raising construction or in any other manner on the allegations that they are owners in possession of suit land. Previously, the same was jointly owned by plaintiffs and defendant No.1 in the suit land. The previous civil suit was filed by plaintiffs as well as defendant-Hardev Singh. The matter was compromised and both the suits were decided in appeal by learned Additional District Judge, Patiala vide judgment dated 12.11.2001 and the suit land fell to the share of the plaintiffs. Mutation was also entered and sanctioned in favour of plaintiffs. The matter has
Second appeals in Punjab and Haryana are treated under Section 41 of the Punjab Courts Act, 1918, emphasizing composite appeals for maintaining substantive justice rather than getting dismissed on te....
The plaintiff's failure to execute a compromise decree within the limitation period barred the suit, and evidence provided by a power of attorney holder was insufficient.
A counterclaim should be treated as an independent suit and governed by the procedural rules applicable to plaints. The judgment and decree in the counterclaim are distinct from those in the suit, an....
(1) Counter-claim would be treated as an independent plaint and would be governed by procedural Rules applicable to plaints.(2) For filing of appeal against dismissal of a counter-claim, there has to....
The doctrine of res judicata between co-defendants must be applied with care and caution, and the findings in a previous suit can operate as res judicata between co-defendants if certain conditions a....
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