AJAY KUMAR Vs. RISHALO DEVI AND OTHERS

JUDGEMENT

(1.) This judgment shall dispose of two appeals bearing RSA No.11 of 2010 and RSA No.4188 of 2008. In fact, RSA No.11 of 2010 has been listed for hearing after Hon'ble the Supreme Court remanded the case vide order dated 01.08.2014. The operative part of the order reads as under:-

(2.) Although, as per the Hon'ble subsequent Constitution Bench of the Supreme Court in the case of Pankajakshi (Dead) through LRs. Vs. Chandrika and others, 2016 6 SCC 157, framing of the question of law is not necessary for disposal of the second appeal as in this High Court, second appeals are governed by Section 41 of the Punjab Courts Act, however, this Court would attempt to answer question No.(iv) on which the Hon'ble Supreme Court has remanded the matter back.

(3.) First of all, some facts would be required to be noticed.