LEHNA SINGH Vs. GURNAM SINGH

JUDGEMENT

(1.) The petitioner has preferred this Review Petition seeking review of the Order dtd. 13/3/2019 passed in Civil Appeal No. 6567 of 2014 wherein the present petitioner was the respondent. In the Order under review, the Civil Appeal was allowed, and the judgment and decree passed by the High Court of Punjab and Haryana on 27/11/2007 in Civil Regular Second Appeal No. 2191 of 1985 was set aside and the judgment and decree passed by the District Judge, Sangrur, on 6/6/1985 in Civil Appeal No. 27 of 1983 has been restored.

(2.) In the judgment under review, this Court held that the judgment and decree passed by the Punjab and Haryana High Court is beyond the scope and ambit of Sec. 100 of Code of Civil Procedure, 1908 ('CPC') on the ground that in exercise of such power, the High Court could not have reappreciated the entire evidence on record to unsettle the finding of facts recorded by the First Appellate Court, by substituting its own opinion for that of the First Appellate Court.

(3.) Basing the judgment rendered in Pankajakshi (Dead) Through Legal Representatives and Ors. v. Chandrika and Ors. (2016) 6 SCC 157 this Court directed that the review petition be listed before the open Court for hearing and subsequently on 13/8/2019 notices were issued to the opposite parties, at the same time, directing the parties to maintain status quo.