- (1.) FOR reasons mentioned in the application which is accompanied by affidavit, delay of 34 days in refiling the appeal is condoned. The application stands allowed accordingly.
(2.) PLAINTIFFS no. 1 to 3 Sanjay etc. , having lost in both the courts below, have filed this second appeal. Suit was filed by appellants and proforma respondent no. 3 (plaintiffs) against respondents no. 1 and 2 as defendants for partition of four houses alleging that the parties are co-sharers therein. Appellants are heirs of Sain Dass son of Suraj Bhan. Defendants are heirs of Gurdev Singh son of Suraj Bhan. Proforma respondent no. 3 is daughter of Suraj Bhan. Defendants resisted the suit and controverted the plaint allegations and claimed to be exclusive owners of house No. 195 whereas existence of the remaining three houses was denied. Learned Additional Civil Judge (Senior Division), Panchkula vide judgment and decree dated 19.12.2009 dismissed the plaintiffs' suit. First appeal preferred by plaintiffs no. 1 to 3 stands dismissed by learned Additional District Judge, Panchkula vide judgment and decree dated 25.01.2011. Feeling aggrieved, plaintiffs no. 1 to 3 have filed this second appeal.
(3.) I have heard learned counsel for the appellants and perused the case file.;