Review petition seeking the review of an order passed in a civil appeal. In the original order, the Civil Appeal was allowed, setting aside the judgment of the High Court and restoring the judgment of the District Court. The petitioner argues that the High Court's judgment fell within its jurisdiction and that the Will in question should have been accepted. The respondents argue that the High Court's decision was correct based on the evidence. The review petition references legal precedents regarding the jurisdiction of the High Court and the scope of interference in second appeals.
Background and Review Petition: The petitioner seeks a review of the order passed in a civil appeal where the High Court's judgment was set aside and the District Court's judgment restored.
Grounds for Review: The review is sought on the basis that the High Court's judgment fell within its jurisdiction, particularly regarding the validity of the Will in question.
Legal Arguments: The petitioner argues that the High Court's decision was legally correct and that the Will should have been accepted based on natural succession. Legal precedents are cited to support this argument.
Counter Arguments: The respondents counter that the High Court's decision was correct based on the evidence presented, particularly regarding the suspicious circumstances surrounding the Will.
Jurisdiction of the High Court: The document discusses the jurisdiction of the High Court under Section 41 of the Punjab Act and compares it with Section 100 of the CPC.
Analysis of Previous Judgments: Legal precedents are analyzed to understand the scope of interference in second appeals and the requirements for setting aside judgments of trial courts.
Decision on Review: The original judgment was wrongly decided and that the High Court's decision to set aside the judgment of the District Court was correct. The review petition is allowed, and the civil appeal is restored for fresh consideration on its merits.
Case Details: The civil appeal, including the background of the dispute, the parties' arguments, and the findings of the trial court, the First Appellate Court, and the High Court.
Final Decision: The civil appeal is dismissed, and each party is ordered to bear their own costs.
Legal dispute over the validity of a Will and the jurisdiction of the High Court in second appeals, along with the subsequent review petition seeking to overturn the original judgment.
Case Title: Lehna Singh (D) By Lrs. vs Gurnam Singh (D) By Lrs. & Ors.
Citation: 2024 LawText (SC) (5) 167
Case Number: Review Petition (C) No. 1025 Of 2019 In Civil Appeal No. 6567 Of 2014
Advocate(s): P S Patwalia, Gagan Gupta, Ashwani Kumar Dubey, Roop Chaudhary, Avinash Gautam, Manoj Swarup, Neelmani Pant, Apoorva Singh
Date of Decision: 2024-05-16