IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No. 11163-C of 2008 & RSA No. 3744 of 2008 Date of Decision: 20. 11. 2008 Jeet Singh ...... Appellant Versus Rohtas ...... Respondent Coram: Hon'ble Mr. Justice Ajay Tewari 1. Whether Reporters of local papers 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? Present: Mr.Parminder Singh, Advocate for the applicant-appellant. **** Ajay Tewari, J. CM No. 11163-C of 2008 For the reasons recorded in the application,the delay of 85 days in filing the appeal is condoned. CM stands disposed of. RSA No. 3744 of 2008 This appeal has been filed against the concurrent judgments of the Courts below dismissing the suit of the plaintiff for a declaration that the sale deed executed by him in favour of the respondent was obtained by fraud. Both the Courts have found that neither the particulars of the fraud were pleaded nor was any evidence led by the plaintiff-appellant to establish as to how the fraud was committed. Learned counsel for the appellant has not been able to persuade RSA No. 3744 of 2008 -2- me that these findings of fact are either perverse or can be held not to arisie from the material placed on the record. Consequently I dismiss this appeal, however, with no order as to costs. At this stage learned counsel for the appellant prays for permission to withdraw the suit with liberty to file a fresh one on the same cause of action. I find no justification for the same. No reason has been advanced as to why this course of action be adopted. This prayer is also declined. (AJAY TEWARI) JUDGE November 20, 2008 sunita