R.S.A No. 83 of 2006 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A No. 83 of 2006 Decided On : 05.10.2009 Bhuro ...Appellant versus Naib Singh and others ...Respondents CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mr. R.V.S.Chugh, Advocate, for the petitioner. Mr. Rakesh Mohan Jain, Advocate, for the respondents. HEMANT GUPTA, J. (ORAL) The plaintiff is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby the suit filed by him for declaration that the plaintiff is owner in possession of half share of land measuring 233 kanals 11 marlas, was dismissed. It is asserted by the plaintiff that the defendants, who are grand sons of Bachan Kaur, sister of the plaintiff, are the owners of remaining half share.They obtained thumb impressions of the plaintiff on blank papers for the purpose of partition of the suit land but used the same for obtaining a decree in respect of half share of the plaintiff in their favour. The said decree was R.S.A No. 83 of 2006 -2- challenged by the plaintiff before the Civil Court. The suit was dismissed by the learned trial Court as the plaintiff has not led any evidence in support of her pleadings. The said judgment and decree was affirmed in appeal, as well. Learned counsel for the respondent has conceded that the judgments and decree passed by the Courts below be set aside and one opportunity be given to the appellant to lead her evidence in support of her assertions that the decree obtained by the defendants, is a result of fraud and misrepresentation. In view of the consent of learned counsel for the respondents, the appeal is allowed and the judgment and decree passed by both the Courts below is set aside. The matter is remitted back to the learned trial Court for providing one opportunity to the plaintiff to lead her entire evidence. The plaintiff shall be entitled to seek assistance from the Court to produce such evidence, as she may deem appropriate. Thereafter, the learned trial Court shall permit the defendants to lead their evidence and decide the suit in accordance with law thereafter. The parties are directed to appear before the learned trial Court on 16.11.2009. OCTOBER 05, 2009 (HEMANT GUPTA) shalini JUDGE