Allowed

Kundan Singh and Ors. v. Financial Commissioner (Appeals-I) Pb and Ors.

Punjab & Haryana HC4 Apr 2014CWP/11056/2012

Case brief

AI extract

What is this about?

Allowed application to bring legal heirs of deceased petitioner on record under Order 22 Rule 3 CPC read with Section 151 CPC for decision of present case. Also allowed withdrawal of writ with liberty to file fresh petition after compliance with earlier direction.

What did the court decide?

Application to bring legal heirs on record allowed. Writ petition withdrawal allowed with liberty to file fresh one after compliance.

Kundan Singh and Ors. Vs Financial Commissioner… — Property and Title | Punjab & Haryana HC (2014)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No. 11056 of 2012 (O & M) Date of decision: 04.04.2014

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Kundan Singh and others

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...Petitioner(s)

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Versus

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Financial Commissioner (Appeals-I), Punjab and others

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...Respondent(s)

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CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

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Present: Mr. R.S. Chauhan, Advocate, for the applicant-petitioners.

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G.S.SANDHAWALIA, J. (Oral)

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C.M. No. 4256 of 2014

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Application has been filed under Order 22 Rule 3 CPC read with Section 151 CPC for bringing on record the legal heirs of deceased petitioner no. 1-Kundan Singh. The details of legal heirs have been mentioned in para no. 2 of the application. It is further averred that Baldev Singh, one of the sons of Kundan Singh, had already died and his legal heirs are mentioned in para no. 3 of the application. It is further mentioned that there are no other legal heirs except the ones who are mentioned in para nos. 2 and 3. Amended memo of parties has also been attached.

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The application is accordingly allowed. The legal heirs are allowed to be brought on record, only for the decision of the present case. The amended memo of parties is taken on record. Office to place the same at necessary place.

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CWP No. 11056 of 2012

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On 31.05.2012, the following order was passed:-

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Gupta Shivani 2014.04.09 15:05 I attest to the accuracy and integrity of this document Chandigarh

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-2-

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“Learned counsel for the petitioners is directed to place on record the Civil Court judgment, which is referred to in the order of the Financial Commissioner in para 4 as well as the order of the Assistant Collector that was passed on 23.12.2003 where it is observed that the Assistant Collector has held the petitioners to be tenants under the respondents.

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To be posted after the needful is done.”

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In spite of almost two years having expired, the said order has still not been complied with.

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Counsel for the petitioner prays for withdrawing the writ petition with liberty to file a fresh one on the same cause of action after complying with the above said direction.

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Ordered accordingly.

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04.04.2014 (G.S. SANDHAWALIA) shivani JUDGE

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Gupta Shivani 2014.04.09 15:05 I attest to the accuracy and integrity of this document Chandigarh

Kundan Singh and Ors. v. Financial Commissioner (Appeals-I) Pb and Ors.

Case brief

What is this about?

What did the court decide?

Kundan Singh and Ors. v. Financial Commissioner (Appeals-I) Pb and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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