RAJPAL SINGH Vs. JAGSIR SINGH

JUDGEMENT

(1.) The Regular Second Appeal in the States of Punjab and 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, 1908, as held by a five Judge Bench of the Supreme Court in Pankajakshi (Dead) through LRs v. Chandrika and Others (2016) 6 SCC

(2.) In this regular second appeal, the correctness of the concurrent findings of the facts, arrived at by both the Courts below, is challenged by the defendants while decreeing the plaintiff's suit for the recovery of Rs.2,56,000.00 along with the interest @ 6% per annum from the date of institution of the suit i.e. 13/10/2015 till its recovery.

(3.) On 16/12/2021, notice of motion in the appeal was issued with the following order:-