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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Girdawar Singh – Appellant
Versus
Kulwinder Kaur – Respondent
JUDGMENT :
Nidhi Gupta, J.
CM-7900-C-2022
Prayer in this application filed under Section 151 CPC is for condonation of delay of 58 days in refiling the accompanying appeal.
2. Heard.
3. For the reasons mentioned in the application which is duly supported by an affidavit of learned counsel for the applicant/appellant, the same is allowed and delay of 58 days in refiling the appeal is condoned.
RSA-2275-2022 (O&M)
Present Second Appeal has been filed by the defendant against the concurrent judgments and decrees of the learned Courts below whereby suit filed by the plaintiff/respondent for permanent injunction, has been decreed by both the Courts below.
2. It is inter alia submitted by learned counsel for the appellant that the suit of the plaintiff could not have been decreed as the plaintiff had failed to establish her title. It is submitted that simple suit for permanent injunction is not maintainable because there is dispute of title of the parties of the property in question. As such, plaintiff ought to have filed suit for declaration. Moreover, the learned Courts below have relied upon inadmissible false document i.e. Mark B report made by the Police Officer. It is contended that the sa
Appellate courts cannot interfere with factual findings established by lower courts unless substantial legal errors are demonstrated.
The court upheld that additional evidence in appeals is only admissible when adequately justified, and second appeals can only challenge legal errors, not factual determinations.
Possession of land, even if unauthorized, cannot be disturbed without legal procedure; ownership claimed must be substantiated with evidence.
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
The main legal point established in the judgment is that a suit for permanent injunction may not be legally sustainable without seeking the relief of declaration of title, especially when the plainti....
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