Ramjee Tiwary & Others vs Satyadeo Tiwary & Others
2024 Latest Caselaw 7605 Jhar

Jharkhand High Court

Ramjee Tiwary & Others vs Satyadeo Tiwary & Others on 1 August, 2024

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            S.A. No.52 of 2008
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Ramjee Tiwary & Others ... Appellants Versus Satyadeo Tiwary & Others ... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. K.K. Ambastha, Advocate For the Respondents : Mr. Sanjay Kr. Tiwari, Advocate

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Order No:-10 Dated:-01-08-2024 Heard the parties.

Learned counsel for the appellants submits that the following additional substantial question of law is required to be framed as though the first appellate court has reversed the judgment and decree of the trial court but has failed to take note of the fact that one of the grounds for trial court for dismissing the suit is answer to the issue No.4 that suit is bad for non-joinder of necessary party. Hence, it is submitted that appropriate additional substantial question be framed.

Considering the aforesaid facts, the following additional substantial question of law is framed in this appeal: -

"Whether the first appellate court committed perversity in reversing the judgment and decree passed by the trial court; by not considering that the suit is bad for non-joinder of necessary party?"

Learned counsel for the respondents prays for time. Prayer for time is allowed as the last chance. List this appeal after two weeks.

(Anil Kumar Choudhary, J.) Saroj/