SATINDER KAUR Vs. AMRIK SINGH

JUDGEMENT

(1.) C. M. Nos. 10928/2018 & 10930/2018 (exemption)

(2.) For the reasons stated in the application, delay of 71 days in re-filing the appeal is condoned.

(3.) This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) by the plaintiffs in the suit impugning the judgment of the Trial Court dated 18. 7. 2017 by which trial court has dismissed the suit for partition, declaration and injunction filed by the appellants/plaintiffs, who are the widow and children of the deceased Sh. Devinder Singh son of Sh. Harbans Singh. Appellants/plaintiffs had claimed rights in the suit property belonging to Sh. Harbans Singh on the ground that Sh. Harbans Singh expired intestate on 5. 6. 2003 and appellants/plaintiffs being the branch of the deceased son Sh. Devinder Singh were therefore entitled to 1/6th share in the suit property. Sh. Harbans Singh died leaving behind six legal heirs being the sons and the daughters.