CR-7956-2016 (O&M)

2023:PHHC:066125

229

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CR-7956-2016 (O&M)

Date of Decision: 02.05.2023

Surjit Kaur (now deceased) through LR. Lal Bahadur Singh

.…Petitioner

Versus

Jaswant Kaur (now deceased) through LRs and others

….Respondents

CORAM:

HON’BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Yogesh Jangra, Advocate

for Mr. Sherry K. Singla, Advocate

for the petitioner.

None for respondents.

***

.

ARUN MONGA, J. (ORAL)

Petition herein is for setting aside order dated 26.08.2016 (Annexure

P-10) passed by Ld. Additional District Judge, Patiala dismissing application filed

by petitioner/defendant No.3 for transposition as appellant No.2 in Civil Appeal

No.66-R, titled Jaswant Kaur vs. Naranjan Singh & others.

2.

Succinct facts first, as pleaded in the revision.

2.1.

Respondent No.1/plaintiff filed a suit for possession regarding land

measuring 12 bigha in Dera Bassi, District Patiala. Petitioner was impleaded as

proforma-defendant No.3 in the said suit being the plaintiff’s sister. Plaintiff

pleaded that petitioner/defendant No.3 got equal right with him and it was prayed

that the possession of the suit land be given to them. Respondent No.2/defendant

No.1 filed a written statement and pleaded adverse possession over suit land.

Petitioner/defendant No.3 also filed a written statement and admitted the claim of

Page 1 of 4

ASHISH

2023.05.09 15:48

I attest to the accuracy and

integrity of this judgment/order

CR-7956-2016 (O&M)

2023:PHHC:066125

plaintiff. Ld. Trial Court framed issues arisen from the pleadings and dismissed

the suit filed by respondent No.1/plaintiff vide judgment and decree dated

23.03.2005.

2.2.

Respondent No.1/plaintiff then filed an appeal against the said

judgment and decree. During the pendency of said appeal, the petitioner filed an

application for her transposition as plaintiff/appellant No.2 in the said appeal on

the ground that plaintiff and petitioner-defendant No.3 had got equal rights being

daughters of Chetu Ram and got 1/2 share in the suit land. Since respondent

No.1/plaintiff entered into the compromise with defendants No.1 and 2, she

withdrew the said appeal and the appeal was ordered to be dismissed as withdrawn

on 30.08.2006. Therefore, the petitioner/defendant No.3 filed an application for

restoration of appeal since application filed by her was pending. Thereafter, the

application for restoration of appeal was dismissed in default for want of

prosecution. Petitioner again filed an application for reviving application for

restoration of appeal and recalling of order dated 30.08.2006. Respondent No.2

contested the said application and the Ld. Court below vide order dated 15.03.2016

allowed the said application and the application for restoration of appeal was

restored subject to costs of Rs.5000/-.

2.3.

However, vide impugned order, the Ld. Court below dismissed the

application filed by petitioner for transposition as appellant No.2 in appeal.

3.

While issuing notice of motion, this Court passed the following order

on 14.03.2018:-

“Heard.

Learned counsel for the petitioner contends that the suit for

possession was filed by the plaintiff claiming relief for herself and

defendant No. 3. The same was dismissed vide order dated 23.3.2005

(Annexure P-4) by learned Civil Judge (Junior Division), Rajpura. In

the appeal, she has effected the compromise with defendants No. 1

and 2. Now defendant No.3 who has the same interest filed an

application for transposing her as appellant. Said application has

Page 2 of 4

ASHISH

2023.05.09 15:48

I attest to the accuracy and

integrity of this judgment/order

CR-7956-2016 (O&M)

2023:PHHC:066125

been dismissed vide order dated 26.8.2016 by learned Additional

District Judge, Patiala

Learned counsel for the petitioner relies upon an authority of

this Court decided in Mauji Ram and another versus Ram Kali and

others 2009 (4) Law Heral