SHAKUNTLA DEVI Vs. SURJEET SINGH

JUDGEMENT

(1.) The regular second appeal in the States of Punjab, Haryana and Union Territory, Chandigarh, is governed by Sec. 41 of the Punjab Courts Act, 1918 and not by Sec. 100 of the Code of Civil Procedure (hereinafter referred to as "CPC"), as held by a five Judge Bench of the Supreme Court in Pankajakshi (Dead) through LRs v. Chandrika and Others (2016) 6 SCC 157.

(2.) While assailing the judgment passed by the First Appellate Court, the defendants have filed the present appeal. The trial Court dismissed the plaintiff's suit (respondent herein), whereas, the First Appellate Court, while reversing the judgment and decree passed by the trial Court, has decreed the suit.

(3.) The following issues arise for consideration:-