MOHINDER SINGH Vs. SOHAN SINGH

JUDGEMENT

(1.) The instant Regular Second Appeal (for short to be referred as "RSA") has been instituted by the appellant-plaintiff to impugn the judgment and decree dtd. 8/8/1997 rendered by the learned District Judge, Hoshiarpur, whereby the findings of the trial Court were unequivocally affirmed. The trial Court, vide its judgment and decree dtd. 8/1/1996 passed by the learned Civil Judge (Senior Division), Hoshiapur, had dismissed the suit instituted by the appellant/plaintiff seeking a declaratory decree. The appellant now challenges the concurrent findings of both Courts below as being legally unsustainable and factually erroneous.

(2.) The brief case set up by the plaintiff before the learned Trial Court is delineated as under:-

(3.) Upon issuance of notice, defendant No. 1, who is the father of the plaintiff, entered appearance through his attorney but was proceeded against ex parte upon failure of counsel to receive instructions. Defendant No. 2, despite due service, failed to appear and was accordingly proceeded against ex parte. Defendants No. 3 and 4, stated to be residing abroad, were summoned through substituted service by publication and, upon non-appearance, were likewise proceeded against ex parte.