Mohan Ahir & Ors vs Muni Devi & Ors
2023 Latest Caselaw 1024 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                S.A. No. 304 of 2019
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Mohan Ahir & Ors. .... .... .... Appellants Versus Muni Devi & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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     For the Appellants           : Mr. Arun Kumar, Advocate
     For the Respondents          : None
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     Order No.07 Dated- 01.03.2023
             Heard the parties.

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

(i) Whether the suit inter alia filed with a prayer for declaration of the settlement deed bearing no.1469 dated 03.11.1947 executed by Raj Kishore Nand in favour of Dhodho Kharia is barred by limitation as the suit with such prayer was filed on 01.08.2003 in view of the principal of law settled by the Hon'ble Supreme Court of India in paragraph no.19 of the case of Abdul Rahim & Ors. vs. Sk. Abdul Zabar & Ors. reported in AIR 2010 SC 211?

(ii) Whether the learned first appellate court committed a perversity by not taking into consideration that the judgment and decree passed by the learned trial court in the Title Suit No.29 of 2003 is against two dead persons being the defendant no.2-Khubbi Ahirin and Taramuni Devi having been died during the pendency of the suit and the judgment and decree passed in Title Suit No.29 of 2003 is a nullity in view of the principle of law settled in paragraph no.6 in the case of Kishun @ Ram Kishun (dead)Thru. Lrs. Vs. Behari (Dead) By Lrs. reported in (2005) 6 SCC 300? Call for the Lower Court Records.

The appellants are directed to file requisites for service of notice on the respondents by registered post with A/D as well as under 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 the respondents.

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