L.N. Mittal - (1.) CM No. 5061.C of 2012 For reasons mentioned in the application which is accompanied by affidavit of counsel, delay of 72 days in refiling the appeal is condoned. The application stands allowed accordingly. CM No. 5062.C of 2012
(2.) ALLOWED as prayed for. RSA No. 1837 of 2012 Plaintiffs Major Singh etc., having been non-suited by both the courts below, have filed this second appeal. In the suit, plaintiffs/appellants have challenged alleged exchange of land between the parties. The said exchange was recorded vide report No. 365 dated 19.6.1982 having allegedly been effected by plaintiffs no. 3 and 4 and Sadhu Singh (father of plaintiffs no. 1 and 2) with Gamdoor Singh defendant no. 7 and Birinder Singh predecessor of defendants no. 1 to 6. Consequent exchange mutation no. 6698 dated 26.7.1982 has also been challenged. Decree suffered by defendant no. 7 in favour of his sons-defendants no. 8 to 10 regarding part of the suit land has also been assailed in the suit along with consequential mutation. Sale of part of the suit land during pendency of the suit by defendants no. 1 to 6 to Ranjit Kaur etc. was also assailed. The plaintiffs alleged that plaintiffs no. 3 and 4 and Sadhu Singh (predecessor of plaintiffs no. 1 and 2) never effected alleged exchange and exchange report no. 365 dated 19.6.1982 does not bear their thumb impressions.
(3.) DEFENDANTS no. 1 to 10 broadly denied the plaint averments and pleaded that the impugned exchange was voluntarily effected between the parties. Grounds pleaded by the plaintiffs to challenge the exchange were controverted. Various other pleas were also raised.;