Laxmi Narayan Bhagat vs Santosh Kumar Bhagat
2025 Latest Caselaw 4658 Jhar

Jharkhand High Court

Laxmi Narayan Bhagat vs Santosh Kumar Bhagat on 8 April, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                             Second Appeal No. 146 of 2022

                Laxmi Narayan Bhagat                          ...      ...     Appellant
                                          Versus
                Santosh Kumar Bhagat                   ...         ...       Respondent
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellant : Mr. Rajeeva Sharma, Senior Advocate : Mr. Om Prakash, Advocate For the Respondent :

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22/08.04.2025 Learned senior counsel for the appellant submits that although

there are concurrent findings recorded by both the learned courts, but

upon perusal of the both the judgments, it is apparent that the appellate

court's judgment is practically copy-paste of the judgment passed by

the learned trial court and he submits that this reflects non-application

of judicial mind. He has referred to the substantial question of law no.

(B) as suggested in the memo of appeal and has submitted that a chart

has also been given to demonstrate the aforesaid submissions. The

learned senior counsel has submitted that the learned appellate Court

has not followed the mandate of Order XLI Rule 31 of Code of Civil

Procedure.

2. Considering the aforesaid submissions and having gone through

the judgments passed by the learned Courts, this appeal is admitted for

hearing on the following substantial question of law:

"Whether the impugned judgment passed by the learned 1 st

appellate Court is fit to be set-aside on account of not

following the mandate of Order XLI Rule 31 of Code of

Civil Procedure?"

3. Issue notice to the sole respondent for which requisites under

ordinary process be filed by the appellant within a period of one week

from today.

4. Let the records be called for from the learned court concerned.

5. Post this case on 08th May 2025 under the heading "For Final

Disposal".

6. Let this order be communicated to the learned Court concerned

through 'FAX'.

(Anubha Rawat Choudhary, J.) Pankaj