Amlan Palit vs Sudarshan Prasad
2023 Latest Caselaw 2756 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 S.A. No. 37 of 2015
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Amlan Palit .... .... .... Appellant Versus Sudarshan Prasad .... .... .... Respondent

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Rajeeva Kumar, Advocate For the Respondent : Mr. Shashank Shekhar, Advocate

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Order No.20 Dated- 09.08.2023 Heard the parties.

This appeal will be heard on the following substantial questions of law:-

(i) Whether though the plaintiff has pleaded in paragraph no.10 of the plaint that the registered notice dated 20.09.1994 was inter alia received by the original defendant but the plaintiff having been failed to establish his said pleading and as the notice was sent in the address of Morabadi, Ranchi; where the defendant was not residing as the learned trial court in paragraph no.25 of its judgment has come to the finding that the plaintiff came in possession of the said suit house situated at Morabadi, Ranchi on the date of agreement itself on 19.08.1993 and thus, the plaintiff having not proved his cause of action dated 20.09.1994, both the courts below have committed a perversity by decreeing the suit of the plaintiff?

(ii) Whether both the courts below have committed illegality by not considering that the offer to perform his part of contract by the plaintiff was not at proper place as mentioned in Section 38 (Condition No.2) of the Indian Contract Act, 1872 read with Section 9 of the Specific Relief Act?

Call for the Lower Court Records.

Mr. Shashank Shekhar, Advocate received notice of the appeal on behalf of the sole respondent.

List this appeal under the heading 'for Hearing' after receipt of the Lower Court Records.

Sonu-Gunjan/- (Anil Kumar Choudhary, J.)