RSA No.710 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.2322-C of 2008 & RSA No.710 of 2008 (O&M) Decided on : 13.11.2009 Mukhtiar Singh ... Appellant versus Gurdip Singh & others ...Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. P.K.Dutt, Advocate for the appellant. Mr. Vipin Mahajan, Advocate for respondents No.1 to 3. Mr. Rajeshwar Singh, Advocate for respondents No.4, 5 & 7. **** 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 the judgments of the Courts below dismissing the suit filed by the appellant for partition of the property. Both the Courts below have found that the appellant was not able to establish the title of his vendor. The following questions have been proposed: i) Whether the suit can be dismissed on the ground of non-joinder of parties without passing a specific direction for compliance to implead the given parties specifically in view of order 1 rule 9 of CPC. ii)Whether it is lawful for the court to discard an RSA No.710 of 2008 (O&M) -2- unrebutted statement recorded in the court as examination in chief? As regards question No.(i), the suit has not been dismissed solely on the ground of non-impleadment of the parties but also because the appellant has not been able to prove the title of his vendor. Question No.(ii) is pure question of fact. Learned counsel for the appellant has not been able to persuade me that the findings recorded are either based on no evidence or are based on such misreading of evidence which renders them so perverse as to be liable for interference under Section 100 of CPC. Consequently, this appeal and application for stay are dismissed. Since the main case has been decided, all the pending civil miscellaneous applications, if any, stand disposed of. November 13, 2009 (AJAY TEWARI) sonia JUDGE