Disposes of applications to implead legal representatives of deceased parties and orders disposal of the main second appeal via compromise-deed set aside lower appellate decision restoring trial court judgment.
Legal representatives impleaded; lower appellate judgment set aside; trial court judgment restored; compensation paid to respondents.
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RSA No.2758 of 2001 (O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No.2758 of 2001 (O&M)
Date of Decision: February 21, 2012
Smt.Swaran Kaur
.......Appellant
Versus
Om Parkash
.......Respondent
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA
Present: Mr.Amarjit Markan, Advocate for the appellant.
Mr.Ravi Sharma, Advocate for the respondent.
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TEJINDER SINGH DHINDSA, J.
CM No.1911-C of 2012
This is an application to implead the LRs of the sole respondent, namely, Shri Om Parkash who is stated to have died on 8.5.2009. The details of the LRs have been furnished in para 2 of the application. The application is duly supported by an affidavit of Smt.Paramjit Kaur, widow of deceased Om Parkash.
Misc.application is allowed subject to all just exceptions. Legal heirs as mentioned in para 2 of the application are permitted to be impleaded as LRs of the sole respondent, namely, Om Parkash, deceased.
CM disposed of.
CM No.11758-C of 2011
This is an application under Order 22 Rule 3 of the Code of
RSA No.2758 of 2001 (O&M)
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Civil Procedure for impleading the legal heirs of Smt.Swaran Kaur, the sole appellant, who is stated to have died on 10.10.2002. Amarjit Singh son of deceased Swaran Kaur is sought to be impleaded as the legal representative of the sole appellant. The application is supported by an affidavit of Amarjit Singh.
For the reasons stated in the application, Amarjit Singh son of deceased Swaran Kaur, the sole appellant, is allowed to be impleaded as legal representative subject to all just exceptions.
CM disposed of.
CM No.1912-C of 2012
This is an application under Order 23 Rule 3 of the Code of Civil Procedure for disposal of the main second appeal in terms of the compromise-deed dated 13.2.2012, Annexure C1. All the parties are present in Court i.e. Amarjit Singh, legal representative of the sole appellant, Paramjit Kaur, widow of late Om Parkash, Hem Raj son of late Om Parkash, Suman daughter of late Om Parkash, and Munish Kumar son of late Om Parkash is represented through attorney holder, namely, Paramjit Kaur. Respective counsel for the parties are also ad-idem that the parties have since compromised in terms of compromise-deed dated 13.2.2012, Annexure C1. The prayer in the application is allowed. Main regular second appeal is permitted to be disposed of in terms of Annexure C1. RSA No.2758 of 2001
In the light of the compromise-deed dated 13.2.2012, Annexure C1, the judgment and decree of the lower Appellate Court is set aside and that of the trial Court is restored. In terms of the averments made in para 2 of the compromise-deed, Paramjit Kaur (widow), Hem Raj (son), Munish
RSA No.2758 of 2001 (O&M)
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Kumar (son) and Suman Rani (daughter) of deceased Om Parkash, sole respondent, who had earlier received a cash amount of Rs.50,000/- from Amarjit Singh, legal representatives of the sole appellant, have further received a sum of Rs.1,50,000/- today in Court.
The present regular second appeal is, accordingly, allowed in terms of the compromise-deed, Annexure C1. Decree sheet be prepared accordingly.
Regular Second Appeal disposed of.
( TEJINDER SINGH DHINDSA ) FEBRUARY 21, 2012 JUDGE
SRM
Note: Whether to be referred to Reporter? Yes/No
3 issues framed by the court
Whether the legal representatives of deceased appellant and respondent can be impleaded.
Whether the main second appeal can be disposed of based on a compromise deed.
Whether the lower appellate court judgment can be set aside and trial court judgment restored.
2 provisions across 1 enactments
Swaran Kaur
Om Parkash
Tejinder Singh Dhindsa
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
