R.S.A No. 4349 of 2004 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A No. 4349 of 2004 Date of decision : November 28, 2008 Balwant Singh and others, ...... Appellants. through Mr.Sanjeev Gupta, Advocate v. Usha Devi and others, ...... Respondents through Mr.N.D.Achint, Advocate CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) This appeal has been filed against concurrent judgments of the Courts below decreeing the suit of the respondents for a declaration that a consent decree, suffered by their mother, in favour of nephews of her husband, was vitiated. Both the Courts below have found that the mother of the respondents never suffered a decree, after discussing threadbare not only the oral evidence but also documentary evidence as well as the evidence of three handwriting experts (one of whom was an independent handwriting expert). Learned counsel for the appellants has sought to build up a case R.S.A No. 4349 of 2004 ::2:: on the basis that the Courts below have misread the evidence. I have not been able to persuade myself, firstly regarding even the misreading of the evidence or, in any case that the misreading is of such a nature as to render the findings of fact either perverse or amenable to be held not arising from the material on record. As a matter of fact, even the questions framed, except question No.2, are all questions of facts. Question No 2, framed by counsel for the appellants, reads as follows :- “ (ii) Whether once there exists pre-existing right then the civil court decree can be set aside ? Of-course, this question can be given the colour of a question of law but once it has been held on fact that the mother of the respondents never suffered a decree, this question becomes meaningless. Consequently, the appeal is dismissed with no order as to costs. ( AJAY TEWARI ) November 28 , 2008. JUDGE `kk'