GURBACHAN SINGH Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment/decree dated 28.4.2008 passed by the Court of learned Additional District Judge, Tarn Taran, whereby he set aside the judgment/decree dated 6.9.1995 passed by the Court of learned Additional Senior Sub Judge, Patti and allowed the appeal preferred by Harbhajan Singh, defendant and dismissed the suit for declaration filed by Gurbachan Singh.

(2.) THE brief facts giving rise to the suit are that the plaintiff, Gurbachan Singh is the owner of the suit land which has fallen to his share in the family partition qua which memorandum dated 10.7.1989 was prepared. The defendant, brother of the plaintiff has no concern with the land in suit. On these allegations, the plaintiff filed the suit against Harbhajan Singh for declaration to the effect that he is the owner of the suit land. In answer to the notice, the defendant did not put in his appearance. He was proceeded against ex-parte.

(3.) IN compliance with this order dated 3.3.2008, the parties put in their appearance before the learned District Judge, Amritsar on 26.4.2008 when they were directed to appear before the Court of learned Additional District Judge, Tarn Taran at 10:00 A.M. On this date, i.e. 26.4.2008, the parties did not cause their appearance before the above-mentioned Court. Ultimately, the learned Additional District Judge, Tarn Taran proceeded to decide the appeal on 28.4.2008 on merits and vide his impugned judgment/decree dated 28.4.2008, he as noted supra, set aside the judgment/decree dated 6.9.1995 passed by the Court of learned Additional Senior Sub Judge, Patti and dismissed the suit of the plaintiff, Gurbachan Singh by allowing the appeal preferred by Harbhajan Singh defendant.