LAWS(P&H)-2010-3-169

KAMAKAR SINGH Vs. DIDAR SINGH

Decided On March 31, 2010
Kamakar Singh and Ors. Appellant
V/S
Didar Singh and Ors. Respondents

JUDGEMENT

(1.) This appeal has been placed before this bench in pursuance of order of learned Single Judge dated 14.8.1987. Order of reference is as under:

(2.) Even though, question referred by learned Single Judge for opinion is whether judgment of Lahore High Court after partition of the country could be held to be judgment of a foreign court, which could not be treated to be conclusive for its applicability in India in view of Section 13 CPC, learned Counsel for the respondent-defendants made a statement that the impugned decree of the learned appellate court could be sustained on the sole ground that the suit of the appellant-plaintiffs was barred under the Punjab Custom (Power to Contest) Amendment Act, 1973 and in view of this contention, no other question need to be gone into. Accordingly, learned Counsel for the parties argued the question of bar to the maintainability of suit on this ground.

(3.) Even though the facts have been noticed in the reference order, we may make a very brief reference to the facts necessary for considering the relevant question.