LAWS(P&H)-2013-11-346

RAJNI CHOPRA Vs. GENERAL PUBLIC

Decided On November 29, 2013
Rajni Chopra Appellant
V/S
GENERAL PUBLIC Respondents

JUDGEMENT

(1.) The appellant Rajni Chopra filed an application under Sec. 8 of the Hindu Minority ad Guardianship Act, 1956 ('Act' - for short) read with the Guardians and Wards Act, 1890 against the general public in the Court of the learned Guardian Judge, Pathankot for grant of permission to sell immovable properties as detailed in the head note of the application, recorded in the names of her minor sons, namely, Divansh Chopra, aged 8 years, and Shivansh Chopra, aged 6 years. Notice of the application was issued to the general public by publication. No one appeared and it was proceeded against ex-parte vide order dated 2.11.2012. The appellant was asked to lead her evidence. After considering the evidence and material on record, the permission to sell the land, as sought for in terms of Sec. 8 of the Act, has been declined.

(2.) The appellant, aggrieved against the same, has filed this appeal. Notice of the appeal is dispensed with as none had appeared for the general public before the Guardian Judge after publication. Notice to the general public can, therefore, be dispensed with in terms of Order 41 Rule 14(3) of the Code of Civil Procedure (as amended in Punjab vide notification No.GSR-39/C.A.5/1908/S.12257 with effect from 11.4.1975). Learned Counsel for the appellant has submitted that notice indeed need not be served as due publication was made in the Tribune dated 3.9.2012 for 2.11.2012 in respect of the petition that was filed before the learned Guardian Judge. On the said date, i.e., 2.11.2012, the respondent general public was proceeded against ex-parte. Photocopy of the publication in the Tribune has been submitted by learned Counsel for the appellant.

(3.) We have heard learned Counsel for the appellant and with her assistance, perused the record of the trial court that was requisitioned. A perusal of the record shows that the appellant filed an application for getting permission to sell immovable property, i.e., land as detailed and described below:-