Pramod Singh & 2 Others vs Prithvi Singh & 2 Others
2017 Latest Caselaw 6778 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- SECOND APPEAL No. - 1129 of 2017
 

 
Appellant :- Pramod Singh & 2 Others
 
Respondent :- Prithvi Singh & 2 Others
 
Counsel for Appellant :- Yogesh Kumar Saxena
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the appellants and perused the record.

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

1. Whether,  the first appellate court can decree the suit of specific performance, which was filed beyond period of limitation of 3 years as prescribed under Article 54 read with section 3 and schedule of the Limitation Act ?

2.  Whether,  after grant of alternative prayer to the extent of admissible evidence of registered agreement to sale amount directed to refund with an interest of 18% of interest from the date of execution of such agreement to sale, the first appellate court can set aside the aforesaid decree ?

3. Whether, the first appellate court was justified in recording its own finding on the veracity and propriety of unregistered document paper no. 10 G, which is not admissible in evidence ?

Issue notice to the respondents.

Summon the lower court record.

List after receipt of lower court record for final hearing.

Till the next date of listing, the effect and operation of the judgement and order dated 10.10.2017 and decree dated 16.10.2017 passed by lower appellate court  shall remain stayed.

Order Date :- 13.11.2017

Gss