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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL, J
Beant Singh (Since Deceased) Through His LRs – Appellant
Versus
Sucha Singh (Since Deceased) through his LRs and others – Respondent
| Table of Content |
|---|
| 1. appellant claims ownership based on a will. (Para 1 , 2 , 4) |
| 2. defendants argue mutation does not confer title. (Para 3 , 6) |
| 3. court reviews previous suit for similar subject matter. (Para 7 , 9 , 18) |
| 4. cpc restrictions on filing new suits apply. (Para 12 , 17) |
| 5. court upholds prior judgment, dismisses current appeal. (Para 19 , 20) |
VIRINDER AGGARWAL , J .
1. The appellant/plaintiff, aggrieved by the judgment and decree dated 23.08.1997 of the learned District Judge, Hoshiarpur, which erroneously reversed the well-reasoned judgment and decree dated 09.01.1995 of the learned Sub-Judge IInd Class, Hoshiarpur, respectfully invokes the appellate jurisdiction of this Court under Section 41 of the Punjab Courts Act, 1918 , through the present Regular Second Appeal (here- in-after to be referred as “RSA”). The appellant seeks restoration of the decree rightly rendered by the Trial Court and appropriate relief for the substantial injustice suffered.
1.1. It is respectfully submitted that the impugned judgment and decree are palpably perverse, premised on fundamental errors of law and a manifestly flawed appraisal of evidence, resulting in a gross miscarriage of justice. I
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