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1983 (5) TMI 263 - Supreme Court Of India

1983 (5) TMI 263 - Supreme Court Of India - 1983 AIR 846, 1983 (3) SCR 20, 1983 (3) SCC 376, 1983 (1) SCALE 582 - C.A. 938 OF 1970 - Dated:- 5-5-1983 - Desai D.A. And Reddy O. Chinnappa, JJ. N. K. Aggarwal for the Appellant. S. L. Aneja for the Respondent. JUDGMENT: Chinnappa O.Reddy, Smt. Dipo, plaintiff in Suit No. 8 of 1692 in the Court of the Subordinate Judge 1st Class, Amritsar is the appellant in this appeal by special leave. She sued to recover possession of the properties which belonged .....

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dge held that the plaintiff, Smt. Dipo was the sister of Bua Singh. He found that most of the suit properties were ancestral properties, in the hands of Bua Singh, while a few were not ancestral. Proceeding on the basis that according to the custom, the sister was excluded by collaterals in the case of ancestral property while she was entitled to succeed to non-ancestral property, the learned Subordinate Judge granted a decree in favour of the plaintiff for a 2959/34836 share of the plaint Alaf .....

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as dismissed as barred by limitation. It appears that a copy of the trial court s judgment was not filed along with the memorandum of second appeal. Though the memorandum of second appeal was filed within time, the copy of the decree was filed after the expiry of the period of limitation and it was on that ground that the second appeal was dismissed. We do not think that the High Court was justified in dismissing the second appeal on the ground of limitation. The defect was technical as the seco .....

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eal. The appeal had been admitted by the District Judge earlier and there was no point in dismissing it thereafter on the ground that the memorandum of appeal had not been presented by the party herself. Rules of procedure are meant to advance the cause of justice and not to short circuit decision on merits. We have no option, but to set aside the judgments of the District Judge and the High Court. Instead of sending the case back to the District Judge for disposal on merits, we have ourselves h .....

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ished, but for the purposes of the present case, we proceed on the basis that the custom has been established. But that is not the end of the problem before us. No doubt the properties which have been found by the lower courts to be ancestral properties in the hands of Bua Singh are properties which originally belonged to Bua Singh s ancestors. But Bua Singh was the last male holder of the property and he had no male issue. There was no surviving member of a joint family, be it a descendant or o .....

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