R.S.A.No.412 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.412 of 2009 Date of Decision : 08.07.2009 Surinder @ Shailender ...Appellant Versus Rattan Singh ...Respondent CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. J.V.Yadav, Advocate, for the appellant. HEMANT GUPTA, J. (ORAL) The plaintiff is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby the suit for declaration challenging decree dated 23.3.1992 suffered by Sarni, maternal grand-father of the appellant, was dismissed. Sarni suffered a consent decree in favour of his son on the aforesaid date. The plaintiff filed the present suit for challenging the said decree after 8 years on 15.9.2000 on the ground that the said decree suffered by Sarni is actuated by fraud and is illegal, null & void and for the reason, the said decree is not registered. Both the Courts below have returned a finding that there is no evidence as to how a fraud was committed upon Sarni except to the extent that the plaintiff has asserted that his grand-father never came to the Court at Karnal. In the absence of any evidence of fraude, decree was suffered by Sarni cannot be said to be actuated by fraud. R.S.A.No.412 of 2009 2 Since, the decree has been suffered by Sarni in favour of his son, therefore, such decree does not require registration, as it is settlement within the family. Thus, I do not find that any substantial question of law arises for consideration by this Court. Dismissed. 08.07.2009 (HEMANT GUPTA) Vimal JUDGE