KULAR CONSTRUCTION LTD Vs. GURNAM SINGH

JUDGEMENT

(1.) The present case is a classic example of how litigation can be protracted by parties, only with a view to avoid payment of court fee. A case which ought to have been a simple suit for recovery has been designed as a declaratory suit leading to framing of a preliminary issue which is being decided by the present order. The preliminary issue framed in the suit is:

(2.) The reliefs prayed for in the suit are as under:

(3.) The brief background of the litigation is that a family settlement was entered into between three brothers viz., Sh. Sadhu Singh, Sh. Bhajan Singh and Sh. Gurnam Singh, all of whom are sons of Late Sh. Bhagat Singh. The family had various properties in respect of which family settlement dated 25th May, 2000 was entered into. The settlement covered a large number of assets. Two of the assets are the company M/s Kular Construction Ltd. (hereinafter 'Kular') which is the Plaintiff in the present case and a hotel project at Ludhiana. The family settlement in respect of these two assets which reads as under: