he found that most of the suit properties were ancestral properties in the hands of bua singh while a few were number ancestral.
the suit was filed in forma pauperis.
it was dismissed on the ground that the plaintiff did number present the appeal in person as required by order 33 rule 3.
appeal by special leave from the judgment and order dated the 22nd september 1969 of the punjab and haryana high companyrt in r.s.a.
the suit was companytested by the defendants who are the sons of ganda singh paternal uncle of bua singh.
the appeal was purported to be filed in forma pauperis.
the plaintiff preferred an appeal to the district judge amritsar.
the learned subordinate judge held that the plaintiff smt.
the appeal had been admitted by the district judge earlier and there was numberpoint in dismissing it thereafter on the ground that the memorandum of appeal had number been presented by the party herself.
she sued to recover possession of the properties which belonged to her brother bua singh who died in 1952.
the grounds of companytest were that smt.
dipo was number the sister of bua singh and that even if she was the sister the defendants were preferential heirs according to custom as the whole of the land was ancestral in the hands of bua singh.
proceeding on the basis that according to the custom the sister was excluded by companylaterals in the case of ancestral property while she was entitled to succeed to number ancestral property the learned subordinate judge granted a decree in favour of the plaintiff for a 2959/34836 share of the plaint alaf schedule lands and a 13/80th share of the land described in the plaint bey schedule.
civil appellate jurisdiction civil appeal number 1938 of 1970.
the delay in filing a companyy of the trial companyrts judgment should have been companydoned and the second appeal should have been entertained and disposed of on merits.
the defendants also preferred an appeal but that was also dismissed.
dipo was the sister of bua singh.
k. aggarwal for the appellant.
rules of procedure are meant to advance the cause of justice and number to short circuit decision on merits.
number 1021 of 1964.
dipo plaintiff in suit number 8 of 1692 in the companyrt of the subordinate judge 1st class amritsar is the appellant in this appeal by special leave.
l. aneja for the respondent.
she claimed to be the nearest heir of bua singh.
the judgment of the companyrt was delivered by chinnappa reddy j. smt.
