IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
R.S.A. No.202 of 1987 (O&M)
Date of decision: 04.11.2009
Bhajan SIngh and others
-----Appellants
Vs.
Kartar Singh.
-----Respondent
CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
Present:- None for the appellants.
Mr. G.K. Chawla, Advocate
for the respondent.
---
ORDER:
1. This appeal has been preferred by the defendants
against decree granted by the lower appellate Court in favour of
the respondent/plaintiff with regard to 1/3rd share of the suit land.
2. Case of the respondent/plaintiff was that he was
brother of Rattan Singh who died issueless and was entitled to
inherit part of his estate as one of the heirs. The suit was
contested by the defendants, the other heirs of Rattan Singh, on
the basis of Will dated 17.12.1958 Ex.D1. Main issue between
the parties was issue No.(iii), relating to validity of Will.
3. The trial Court upheld the Will by observing that
Rattan Singh used to live with the defendants and the Will was
genuine. On appeal, the lower Appellate Court reversed the
RSA No.202 of 1987 2
decree of the trial Court. It was held that the Will had not been
proved in accordance with law.
3. The appeal has been pending for the last 22 years.
The appeal can be entertained only if there is any substantial
question of law. No substantial question of law has been
framed.
4. Inspite of repeated calls, none appears for the
appellants. The matter was shown in the list earlier also.
5. In these circumstances, the appeal is dismissed for
non-prosecution.
6. A copy of this order be sent to one of the appellants.
November 04, 2009 (ADARSH KUMAR GOEL) ashwani JUDGE