Rajendra Singh vs Tara Chand Goyal & 8 Others
2017 Latest Caselaw 8032 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 31
 

 
Case :- SECOND APPEAL No. - 1273 of 2017
 

 
Appellant :- Rajendra Singh
 
Respondent :- Tara Chand Goyal & 8 Others
 
Counsel for Appellant :- Swapnil Kumar
 

 
Hon'ble Bachchoo Lal,J.

Supplementary affidavit filed on behalf of appellant be taken on record.

Heard learned counsel for the appellant and perused the record.

This second appeal is admitted on the following substantial questions of law;

1. Whether the suit of the plaintiff-appellant is liable to be decreed by drawing adverse inference against the defendants in view of illustration (g) to section 114 of the Indian Evidence Act, 1872 for not producing original power of attorney dated 10.02.1992 before the courts below ?

2.   Whether the lower appellate court erred in holding that the power of attorney is not required to be proved by the defendants in view of admission of plaintiff which in fact has never admitted by plaintiff ?

Issue notice to the respondents.

Summon the lower court record.

Steps be taken within two weeks.

List after receipt of lower court record for final hearing.

Till the next date of listing, the parties are directed to maintain status-quo of the property in suit.

Order Date :- 15.12.2017

Gss