Joba Murmu & Others vs Biswanath Manjhi & Others
2024 Latest Caselaw 4794 Jhar

Jharkhand High Court

Joba Murmu & Others vs Biswanath Manjhi & Others on 2 May, 2024

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Second Appeal No.167 of 2013
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Joba Murmu & Others .... .... .... Appellants Versus Biswanath Manjhi & Others .... .... .... Respondents

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Appellants : Mr. Rahul Kumar Gupta, Advocate For the Respondents :

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Order No.06 / Dated : 02.05.2024 This second appeal is admitted to be heard on the following substantial question of law:-

I. Whether non-inclusion of joint family property in the name of plaintiff, which defendants claim to be the joint family property, can be the sole ground for dismissal of the partition suit?

II. Whether the learned trial Court had power to pass the judgment including the said property considering the pleadings and evidence on record?

Appellants will be at liberty to raise further substantial question of law during the course of argument.

Let Lower Court Records be called for from the Court concerned. Let notice be issued to the respondents by registered post with A/D as well as by ordinary process for which requisite etc. must be filed within two weeks of the order.

(Gautam Kumar Choudhary, J.) Anit