Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Raj Singh – Appellant
Versus
Ashok Kumar – Respondent
| Table of Content |
|---|
| 1. plaintiffs sought injunction against defendants regarding shared ownership. (Para 1 , 2 , 3) |
| 2. final decision upheld prior rulings; appeal dismissed based on substantive grounds. (Para 8 , 24 , 25) |
| 3. arguments raised regarding the maintainability of appeals due to res judicata. (Para 14 , 15 , 16) |
| 4. court clarified standards for composite judgments and res judicata. (Para 18 , 19) |
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
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
