Kashi Nath Upadhya vs Rakesh Pratap Singh
2022 Latest Caselaw 1787 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           S.A. No.14 of 2014
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Kashi Nath Upadhya .... .... .... Appellant Versus Rakesh Pratap Singh .... .... .... Respondent

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Appellants : Mr. Malay Kumar Laik, Advocate For the Respondents :

Oral Order 13/ Dated : 04.05.2022

This appeal is admitted and shall be heard on the following substantial question of law:-

"Whether the learned Court of Appeal committed an error of law in not considering that there is a presumption that registered document is validly executed and prima facie would be valid in law and the onus of proof would be on person who leads evidence to rebut the presumption in the light of the judgment of the Hon'ble Supreme Court in the case of Prem Singh & Others Versus Birbal & Others; (2006) 5 SCC 353?"

Issue notice the respondents under registered cover with A/D as well as by ordinary process for which requisites etc. must be filed within two weeks.

Call for Lower Court Records from the Court concerned. Let this case be listed after four weeks.

(Gautam Kumar Choudhary, J.) Anit