This regular second appeal was dismissed as the appellant failed to establish any substantial question of law. The courts below' concurrent findings regarding the rejection of the injunction and declaration relative to a Will were upheld.
The regular second appeal is dismissed.
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YOGESH SHARMA 2018.12.20 12:22 I attest to the accuracy and integrity of this document 1
RSA-911-2015 (O&M)
102
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA-911-2015 (O&M) Date of decision : 15.12.2018
Prem Chand
... Appellant
Versus
Punjab National Bank and others
... Respondents
CORAM: HON'BLE MR. JUSTICE AMIT RAWAL
Present: Ms. Nupur Sood, Advocate for Mr. Namit Gautam, Advocate for the appellant.
AMIT RAWAL, J.
The present regular second appeal is directed against the concurrent findings of fact and law, whereby the appellant-plaintiff has not been successful in claiming the injunction against the Bank from allowing the withdrawal of any amount from the Saving Bank Account No.11226 in the name of Pushpa Mehta, on the basis of the fact that during her lifetime, she had executed a Will dated 24.09.2002.
As noticed above, the injunction sought was rejected by the trial Court and affirmed by the lower Appellate Court.
However, during the interregnum, the plaintiff also sought the declaration viz-a-viz the Will and the same was, vide judgment and decree dated 23.05.2017, rejected.
In view of above, the concurrent findings of fact arrived at by the Courts below cannot be faulted with, much less, no substantial question
YOGESH SHARMA 2018.12.20 12:22 I attest to the accuracy and integrity of this document 2
RSA-911-2015 (O&M)
of law arises for interference. Accordingly, the present regular second appeal is dismissed.
15.12.2018 ( AMIT RAWAL ) Yogesh Sharma JUDGE Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No
3 issues framed by the court
Whether the substantial question of law arises in the second appeal regarding the injunction against withdrawal from a savings account based on the execution of a Will.
Whether the concurrent findings of fact and law by the Courts below are faultless regarding the rejection of the injunction and declaration.
Whether the regular second appeal should be allowed or dismissed given the absence of a substantial question of law.
Prem Chand
Punjab National Bank and others
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
