Samanto Tanti vs Janak Tanty & Ors
2025 Latest Caselaw 2948 Jhar

Jharkhand High Court

Samanto Tanti vs Janak Tanty & Ors on 27 February, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                  IN THE HIGH COURT OF JHARKHAND, RANCHI
                           S.A. No. 95 of 2024
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1. Samanto Tanti

2. Dharmendra Tanty

3. Jitendra Tanty

4. Shantanu Tanty

5. Chandan Tanty

6. Poin Tanti

7. Prabha Tanti @ Prabhakar Tanti .... Appellants

-- Versus --

Janak Tanty & Ors. .... Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellants :- Mr. Vishal Kumar Tiwary, Advocate For the Respondents :-

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06/27.02.2025 Learned counsel appearing for the appellants submits that

this second appeal is against the judgment of reversal.

2. This Second Appeal shall be heard on the following

substantial questions of law:

i) "Whether the learned appellate court allowed the documents to be exhibited by the defendant (Appellant) at the appellate stage, failed to appreciate that these documents have been obtained after a disposal of the Original Suit No.08/2019 or not?"

ii) Whether the learned appellate court had exhibited Exhibit A to Exhibit D/1 without following the provisions of Evidence Act in relation to the exhibits and the documents which is not available during the trial of the original suit that the learned appellate court's finding has failed to appreciate that the

documents on which reliance has been placed was created belatedly by the defendants/respondents without cross-checking the veracity of the said exhibits as per the Evidence Act which are Exhibit A to Exhibit D/1 or not?"

3. Issue notice upon the respondent Nos.1 to 4 under

registered cover with A/D as well as by ordinary process for which

requisites etc. must be filed within a week.

4. Call for the Trial Court Records.

(Sanjay Kumar Dwivedi, J.) Sangam/