- (1.) Cm No. 12676-C of 2014 This application has been filed under Section 151 of the Code of Civil Procedure, 1908, for condonation of delay of 39 days in refiling the appeal. Heard. In view of the reasons mentioned in the application, the application stands allowed and the delay of 39 days in re-filing the present appeal is hereby condoned. The present appeal has been preferred against the judgment and decree dated 05.03.2014 passed by learned Additional District Judge, Gurdaspur, whereby the appeal filed by the appellant-plaintiff against the judgment and decree dated 16.12.2010 passed by the learned Additional Civil Judge (Sr. Division), Gurdaspur, has been dismissed.
(2.) For the sake of convenience, the status of the parties is being mentioned as in the original suit.
(3.) The appellant-plaintiff has filed the suit for declaration to the effect that he is co-owner in joint possession to the extent of 1/ 3rd share in the suit land measuring 132 Kanals 2 Marlas as detailed and described in the head note of the plaint situated in the revenue estate of village Rania, Tehsil and District Gurdaspur and the sale deed dated 09.03.1998 alleged to have been executed by defendant no.1 on behalf of the plaintiff in favour of his grandsons (defendants no.2 to 5) is illegal, null and void, without any consideration and is a result of fraud and misrepresentation, which is not binding on the rights of the plaintiff and the power of attorney dated 20.10.1997 alleged to have been executed by the plaintiff in favour of defendant no.1 is the result of fraud and misrepresentation.;