RSA No.4046 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.4046 of 2008 Date of Decision: 03.02.2010. Dharam Pal .……Appellant Versus Rohtash Kumar and others ……Respondents Coram:- HON’BLE MR. JUSTICE L. N. MITTAL. Present: Mr. Neeraj Kumar, Advocate for the appellant. Mr. Deepinder Ahlawat, Advocate for respondent No.1. Mr. Jai Vir Yadav, Advocate for respondent Nos.2 to 5. L. N. MITTAL, J (ORAL) Dharam Pal legal heir of Khazani defendant No.2 since deceased has filed the instant second appeal. Suit filed by respondent Nos.2 to 5 against respondent No.1 and Khazani (predecessor of the appellant) was dismissed by learned Additional Civil Judge (Senior Division), Jhajjar vide judgment and decree dated 04.10.2002. Counter claim preferred by defendant No.2 was also dismissed by the trial Court by same judgment and decree. Only plaintiffs filed appeal against the judgment and decree of the trial Court. The said appeal has been dismissed by learned District Judge, Jhajjar vide judgment and decree dated 27.05.2008. The instant second appeal has been preferred by legal heir of defendant No.2. I have heard learned counsel for the parties and perused RSA No.4046 of 2008 -2- the case file. Defendant No.2 or her legal heir did not prefer first appeal against judgment and decree of the trial Court. Consequently, legal heir of defendant No.2 is not entitled to prefer the instant second appeal regarding dismissal of counter-claim of defendant No.2 by the Trial Court, because first appeal against the judgment and decree of the trial Court was not preferred. Even on merits, defendant No.2 in the witness-box demolished her counter-claim by admitting the adoption of defendant No.1 by Chiranji Lal. In view of the aforesaid, the instant appeal is dismissed. ( L. N. MITTAL ) JUDGE 03.02.2010 A. Kaundal