PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Iqbal Singh – Appellant
Versus
Rupinder Singh – Respondent
JUDGMENT :
Nidhi Gupta, J.
CM-1894-C-2013
Present application under Order 22 Rule 4 read with Section 151 CPC has been filed for impleading the Legal Representative of Kartar Singh (deceased), respondent No.2/defendant No.2.
At the very outset, it is submitted by learned counsel for the applicants/appellants that respondent/defendant No.2 namely Kartar Singh has expired on 20.01.2009. Accordingly, present application has been filed by appellants/plaintiffs for bringing on record the Legal Representatives of the respondent/defendant No.2.
Heard.
Needless to say, the appellants/plaintiffs cannot be appellant and defendant in their own case/cause. The appellants/plaintiffs cannot be granted a decree against their own self. Accordingly, the present application stands dismissed.
MAIN CASE
Present second appeal has been filed by the plaintiffs against the concurrent judgments and decrees of the learned Courts below whereby the suit filed by the appellants for permanent injunction, has been dismissed by both the Courts below.
2. Brief facts of the case as pleaded by the plaintiffs are that plaintiffs and defendants are co-sharers in the land situated in village Parjian Kalan. In Family Partition,
The High Court's jurisdiction in a Section 100 appeal is confined to substantial questions of law, prohibiting re-evaluation of factual findings made by lower courts.
The rights of co-owners regarding joint property must be equally respected without arbitrary division pending final determination.
The right to shared resources supersedes claims of exclusive ownership among co-sharers regarding the use of a tubewell electricity connection.
The central legal point established is the impact of pending revenue proceedings on the grant of permanent injunction and the significance of a revisional court's decision in establishing ownership.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.