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1 - 3 of 3 (0.55 seconds)Hari Singh vs Gurcharan Singh And Ors. on 15 May, 2003
In this
regard, learned counsel for the appellants has relied upon two judgments of
this Court in the case of Hari Singh Vs. Gurcharan Singh and others
2003 (3) R.C.R. (Civil) 632 and Amar Kaur Vs. Paramjit Kaur 2003 (3)
R.C.R.(Civil) 213 to contend that if the person against whom fraud has
been played in respect of sufferance of decree does not challenge the
same, then other legatee cannot challenge the same on that ground. The
ground of non-registration of a decree is available to the person who had
suffered the same but not raised during his life time, then it is no more
available to the other legatee. It is submitted that since Surjan Singh had
transferred the property in dispute by way of a Will and by way of a
decree and even if decree is not registered, it would hardly make any
difference as the rights would devolve upon the appellants by way of Will.
In fact, both the questions which have been raised by the learned counsel
for the appellants are covered by the judgments cited by her.
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
1