Hapna Hansda vs Raju Tudu & Ors
2023 Latest Caselaw 297 Jhar

                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    SA No. 360 of 2019

                     Hapna Hansda                         .........        Appellant

                                               Versus

                      Raju Tudu & Ors.                    .........        Respondents

Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Appellant : Ms. Swati Shalini ,Adv.

03 / 17.01.2023 Heard the learned counsel for the appellant.

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

1. Whether learned First Appellate Court committed gross illegality by holding that an ex parte decree passed against minor undefended defendants cannot operate as res judicata?

2. Whether learned First Appellate Court committed a gross illegality by not holding that the present suit which was filed on 07.01.2008, challenging the judgment and decree dated 20.07.1980 passed in Title (P) Suit No. 42 of 1978 was barred by limitation?

3. Whether learned First Appellate Court committed perversity in coming to the conclusion that the defendants are not Hinduised and are governed by customary Santhal laws, in absence of any specific pleading or proof by the plaintiff of any specific customized Santhal laws being followed by the defendants?

Issue notice to the respondents. The appellant is directed to file requisites of notice through both processes i.e. under registered post with A/D as well as through ordinary process within four weeks, failing which, this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks. List this appeal after receipt of the service report of the notice issued to said respondents.

In the meanwhile, call for the Lower Court Records.

(ANIL KUMAR CHOUDHARY, J.) Smita/-