Bysani Ratnamma vs Narayana Ramachandraiah
2022 Latest Caselaw 352 AP

      HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

               MAIN CASE No: S.A.No. 25 of 2022

                     PROCEEDING SHEET

SL.     DATE                          ORDER                          OFFICE
NO.                                                                   NOTE
01.   25.01.2022 MVR, J
                                 S.A.No.25 of 2022

                        Heard Sri Challa Siva Sankar, learned
                  counsel for appellant.
                        Admit.

                        The   following    are   the   substantial
                  questions of law:
                        1. Whether the Decree and Judgment of
                           the First Appellate Court is right in
                           confirming the Decree and Judgment
                           of the Trial Court without re-
                           appreciating entire evidence and to
                           arrive its own independent decision
                           as contemplated under Order 41 Rule
                           31 CPC?

                        2. Whether the Court below are right in
                           dismissing the suit filed by the
                           Appellant herein without considering
                           the settled law that Doctrine of
                           resjudicata cannot impart finality on
                           erroneous judgment on the question
                           of law, which sanction something
                           that is illegal cannot also be allowed
                           to operate as resjudicata as decided
                           by the Hon'ble Supreme Court in
                           decision reported in 2018(6) SCC 213
                           and also this Hon'ble Court in a
                           decision reported in 2019(1) ALD 1?

                        3. Whether the Courts below are right in
                           observing, while dismissing suits,
                           that non joining of children of the
                           defendant is fatal to the case without
                           appreciating the true spirit of Order 1
                           Rule 10 CPC in the light of admission
                           of DW-1 in cross examination?

                        Notice to respondent.

List the matter during the last week of March, 2022.

________ MVR, J Contd..

 SL.   DATE                  ORDER                 OFFICE
NO.                                                NOTE

I.A.No.1 of 2022

Notice.

________ MVR, J Ks