Smt. Phoolmati vs State Of U.P. & 12 Others
2017 Latest Caselaw 6851 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- SECOND APPEAL No. - 1133 of 2017
 

 
Appellant :- Smt. Phoolmati
 
Respondent :- State Of U.P. & 12 Others
 
Counsel for Appellant :- Sumit Daga,Alok Kumar
 

 
Hon'ble Bachchoo Lal,J.

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 judgement and decree passed by learned Trail Court could be set aside by learned appellate court without examine the finding and reason given by him ?

2. Whether learned appellate court rightly dismissed the suit of the plaintiff/appellant without reversing the finding and reasons given by learned trial court ?

3. Whether learned appellate court could pass the impugned judgement and decree dated 3.8.2017 without following the mandatory conditions contained under Order 41 and 32 of Code of Civil Procedure ?

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 parties are directed to maintain status-quo of the property in suit.

Order Date :- 14.11.2017

Gss