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Court) The appellants before this Court are challenging the judgment PANKAJ KUMAR 2026.04.09 15:04 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA No.1517 of 1995 (O&M) -2- and decree dated 15.05.1995 passed by the learned 1st Appellate Court whereby the Civil Appeal No.21 of 25.02.1991 filed by respo respondents ndents No.2 to 5 arising out of Civil Suit No.245 of 15.06.1988 titled as Kamikkar Singh and others Vs. Surjit Singh was allowed, while setting aside the judgment and decree dated 01.02.1991 passed by the learned Sub Judge 1st Class, Malerkotla (hereinafter referred to as the learned trial Court) and decreeing the suit for specific performance of respondents No.2 to 5 with a direction to deposit the remaining sale consideration within a period of two months and execution of sal salee deed by Surjit Singh-respondent respondent No.1 in favour of respondents No.2 to 5. Vide same judgment, the learned 1st Appellate Court had dismissed the Civil Appeal No.22 of 25.02.1991 filed by respondent No.1-Surjit Surjit Singh Singh,, who had sought setting aside of the judgment dgment and decree dated 01.02.1991 passed by the learned trial Court in Civil Suit No.201 of 10.06.1987 titled as Gian Kaur etc. Vs. Surjit Singh.. For the sake of brevity, the facts are being enumerated from RSA No.1517 of 1995.
5. In the aforesaid suit, the defendant defendant-Surjit Surjit Singh had admitted the claim of plaintiffs and prayed that the suit suit be decreed in their favour.
6. Both the suits were consolidated on the statement of parties and proceedings were conducted in Civil Suit No.201 of 1987 titled as Gian Kaur and others Vs. Surjit Singh wherein following issues were already framed:
3. Relief."
7. On appreciation ion of oral as well as documentary evidence, the learned trial Court decreed the Civil Suit No.201 of 10.06.1987 filed by the Gian Kaur and others; whereas dismissed the Civil Suit No. 245 of 15.06.1988 titled PANKAJ KUMAR 2026.04.09 15:04 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA No.1517 of 1995 (O&M) -5- as Kamikar Singh and others Vs. Surjit Singh. In appeals filed against the judgment and decree passed by the learned trial Court, the learned 1st Appellate Court has set aside the judgment and decree passed by the learned trial Court in favour of appellants-plaintiffs appellants plaintiffs in Civil Suit No.201 of 10.06.19 10.06.1987 87 and thus, the instant appeals.
Singh. Once an authorized attorney has stepped into the witness box, non-examination examination of other attorney i.e. Bhagwan Singh cannot be made a ground to discard the case of the appellants. Furthermore, Karamjeet Singh, being the husband of Surinder Kaur and closely related to Gian Kaur, was competent to act on their behalf. It is a settled proposition that such acts, particularly in matters of purchase, can be undertaken by a close family member, and abs absence ence of a formal power of attorney at the time of agreement does not invalidate the transaction.