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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIRINDER AGGARWAL
Parmeshwari Devi (Since Deceased) Through Her Lrs – Appellant
Versus
Bishamber (Since Deceased) Through His Lrs – Respondent
JUDGMENT :
Virinder Aggarwal, J.
The appellants, aggrieved by the judgment and decree dated 14th February 1995 passed by the learned Additional District Judge, Bhiwani, in Civil Appeal No. 28 of 2nd March 1993, whereby the well-reasoned judgment and decree dated 30th January 1993 of the learned Additional Senior Sub-Judge, Charkhi Dadri, in Civil Suit No. 1047 of 31st October 1985, was erroneously set aside, invoke the jurisdiction of this Court under Section 41 of the Punjab Courts Act, 1918, by way of the present Regular Second Appeal (here-in-after to be referred as 'RSA'). The appellants seek restoration of the decree passed by the learned Trial Court and appropriate relief for the substantial injustice suffered.
1.1. It is respectfully submitted that the impugned judgment and decree are manifestly perverse, founded on fundamental errors of law and a grossly flawed appreciation of evidence, resulting in a palpable miscarriage of justice. In view of these circumstances, this Court's intervention is warranted to set aside the erroneous judgment and reinstate the lawful and well-reasoned decree of the learned Trial Court.
2. For the sake of clarity and to facilitate an orderly exposit
Consent decrees based on family settlements cannot be challenged on procedural grounds but only on proven fraud.
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