SULAKHAN SINGH Vs. DIDAR SINGH

JUDGEMENT

(1.) ASSAILING the judgment and decree dated 21.10.1988 passed by learned Additional District Judge, Patiala vide which the judgment and decree dated 23.1.1987 of learned Sub Judge 1st Class, Amloh, was partly allowed and the suit filed by Didar Singh and others, respondents -plaintiffs was partly decreed, Sulakhan Singh, defendant -appellant preferred the instant appeal.

(2.) THE facts garnered from the record are as under: -

(3.) THE suit was contested by the defendant. In the written statement filed by him, the preliminary objections raised were that the suit filed by the plaintiffs being legatees of Ajmer Singh was not maintainable without obtaining a succession certificate; the suit was bad for mis -joinder of parties as Ajmer Singh had three brothers namely Ajaib Singh, Chand Singh and Harnek Singh and all his legal representatives had not been impleaded as party to the suit.