SURJIT SINGH Vs. PRITAM SINGH

JUDGEMENT

(1.) THIS application has been filed under Section 151 C.P.C. for condonation of delay in refiling the appeal. Application is accompanied by an affidavit. In view of reasoning given in the application, it is allowed and delay of 44 days in refiling the appeal is condoned. Pritam Singh, plaintiff, (now dead) filed a suit for declaration to the effect that he be declared owner in possession as cosharer of 12/72 share in the land, description of which was given by him in his plaint. He also laid challenge to the judgment and decree dated October 16, 1986, allegedly suffered by him in favour of the respondents, on the ground that he never suffered the same. Subsequent mutation was also challenged. His suit was decreed. Appellants failed in appeal.

(2.) IT is apparent from the records that deceased Pritam Singh had a big family and as per opinion of the Courts below, there was no occasion for him to transfer the property in dispute to Dalip Singh, a distant relative. Furthermore, it has not been proved on record that in the earlier suit, he had appeared and made the statement, as alleged by the appellants. To say so, reliance has been placed upon report of the Finger Print Expert. A positive finding has been given that judgment and decree under challenge were result of a fraud. No case is made out for interference in pure findings of fact arrived at by the Courts below, as no substantial question of law has been raised. Dismissed.