LAWS(P&H)-2009-5-111

HARMNDEEP SINGH Vs. SWARAN SINGH

Decided On May 27, 2009
Harmndeep Singh Appellant
V/S
SWARAN SINGH Respondents

JUDGEMENT

(1.) THIS application under Section 151 of the Code of Civil Procedure has been moved on behalf of the applicant/appellant for placing on record the documents Annexures P-1 & P-2.

(2.) IN absence of an application under Order 41 Rule 27 of CPC making out a case for leading additional evidence, there is no provision under law by which the documents can be placed on record in regular second appeal.

(3.) IT is pleaded in the application, that the land in dispute was self acquired property of late Smt. Paramjit Kaur mother of respondents No. 1 to 3 and wife of respondent No. 4. The mutation of inheritance was sanctioned in favour of respondents No. 1 to 4 in equal shares being Class-I heirs. The legality of mutation was challenged by respondents No. 1 to 3 regarding land measuring 4 Bighas 1 Biswa sanctioned in favour of respondent No. 4 by filing a civil suit. The suit was dismissed on 16.2.2006. During the pendency of the aforesaid civil suit respondent No. 4 sold 4 bighas 1 biswa of land to one Norang Singh on 26.4.2004, who sold the land to appellant on 27.5.2004.