Tulo Mandal & Another vs Rameshwar Mandal & Others
2023 Latest Caselaw 767 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   S.A. No.441 of 2018
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Tulo Mandal & Another .... .... .... Appellants Versus Rameshwar Mandal & Others .... .... .... Respondents

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Rahul Kr. Gupta, Advocate

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Order No.07 Dated- 13/02/2023 Heard the parties.

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

(i) Whether the learned First Appellate Court committed a perversity by holding that the suit is not barred by non-joinder of the necessary parties?

(ii) Whether the learned First Appellate Court committed perversity by mentioning in the fourth line of paragraph-9 of the judgment that the respondents/defendants are admittedly trespassers though nowhere the defendants have admitted that they are trespassers?

(iii) Whether the learned First Appellate Court committed perversity by attributing in internal page-14 of the impugned judgment, that the evidence of the defendants shows that the plot No.893 remained in ownership and possession of the plaintiffs even though none of the witnesses of the defendants have stated anything to infer such a conclusion?"

Call for the lower court records. Issue notice to the respondents.

The appellants are directed to file requisites for service of notice upon the respondents by registered post with A/D as well as under ordinary process within two weeks failing which; this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks.

List this appeal thereafter.

Animesh/                                      (Anil Kumar Choudhary, J.)