Bhagwati Devi And Others vs Jinni Devi And Others
2025 Latest Caselaw 2950 Jhar

Jharkhand High Court

Bhagwati Devi And Others vs Jinni Devi And Others on 27 February, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI

                             Second Appeal No. 37 of 2021
                                         With
                                 I.A. No. 2115 of 2025

            Bhagwati Devi and others                  ...     ...    Appellants
                                    Versus
            Jinni Devi and others          ...           ...        Respondents
                                    ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

---

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

---

11/27.02.2025 I.A. No. 2115 of 2025 has been filed for framing additional substantial question of law or for reframing the substantial question of law.

2. The learned counsel for the appellants has submitted that the first substantial question of law as framed vide order dated 06.11.2023 is sought to be clarified further by the additional substantial question of law.

3. The learned counsel appearing on behalf of the respondents has not raised any serious objection to the interlocutory application.

4. Considering the impugned judgments and substantial question of law framed earlier, this appeal will be heard also on the following substantial question of law: -

(i) Whether the learned Trial Court as well as the Appellate Court has misinterpreted the document of title i.e. Ext. B Sale deed dated 15.02.1994 no. 3034, which is a registered document and has a presumption that it is validly executed document, and as such the onus is on the person who alleges the contrary?

(ii) Whether the entire plaint itself is hit by the provision of order VII rule 3 of the C.P.C. as the particulars of the schedule-B does not correspondents to the sale deed dated 15/12/1994 no. 3034 i.e. Ext. B executed in favour of the appellants?

5. I.A. No. 2115 of 2025 stands disposed of.

6. Post this case on 03.03.2025 under the same heading.

(Anubha Rawat Choudhary, J.) Binit