Jawahir Sahu & Others vs Rakesh Kumar Gupta & Others
2024 Latest Caselaw 10105 Jhar

Jharkhand High Court

Jawahir Sahu & Others vs Rakesh Kumar Gupta & Others on 22 October, 2024

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    S.A. No.277 of 2018
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Jawahir Sahu & Others .... .... .... Appellants Versus Rakesh Kumar Gupta & Others .... .... .... Respondents

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. A. Allam, Sr. Advocate Mr. Sanjay Kr. Tiwari, Advocate Mr. Ram Kinkar, Advocate Ms. Asfia Sultana, Advocate Ms. S. Kumari, Advocate For the Resp. No.5 : Mr. A. K. Trivedi, Advocate

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Order No:-07 Dated:-22-10-2024 Heard the parties.

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

(i) Whether the learned first appellate court has committed perversity by marking the certified copy of the auction sale Case No.84 of 1916-17 as Ext. A-5 by way of additional evidence, after preparing the impugned judgment on the same day i.e. on 18.04.2018 and also marking the other documents as Ext. F/2 to F/4 after the judgment was prepared and erred by not giving any opportunity of being heard in respect of Ext. A-5 and F/2 to F/4 to the respondents before passing the judgment, as is evident from the order dated 18.04.2018?

Admit.

The copy of the Lower court records have already been received. Mr. A. K. Trivedi- advocate receives notice of this appeal on behalf of the respondent No.5 and submits that the appellants be directed to serve a copy of the appeal memo along with all its annexures to the respondent No.5.

Learned counsel for the appellants submits that the appellants will supply the same to the appellants within one week from the date of this order.

Issue notice to respondent Nos.1 to 4 and 6 to 40. The appellants are directed to file requisites for service of notice upon the respondent Nos.1 to 4 and 6 to 40 by registered post with A/D as well as under

process of the court within six weeks failing which; this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks.

In case the requisites are filed, list this appeal after receipt of the service report of the notice issued to the said respondents.

Animesh/                                    (Anil Kumar Choudhary, J.)