Lalmani Mahto & Others vs Bisheshwar Mahto & Others
2025 Latest Caselaw 1731 Jhar

Jharkhand High Court

Lalmani Mahto & Others vs Bisheshwar Mahto & Others on 15 January, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

       IN THE HIGH COURT OF JHARKHAND AT RANCHI

                       S. A. No. 203 of 2022

       Lalmani Mahto & Others
                       ...  ...     Appellants/ Respondents/Defendants
                          Versus
       Bisheshwar Mahto & Others
                    ...      ...      Respondents/Appellants/Plaintiffs
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellants : Mr. Awnish Shankar, Advocate For the Respondents :

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08/15.01.2025

1. Heard the learned counsel for the appellant.

2. It is submitted that the Partition Suit No. 77 of 1994 was dismissed and the gift deed which was also the subject matter of the suit was held to be valid. The appellate court has reversed the decree and the gift deed has been held to be not binding upon the plaintiff but while reversing the decree the reasonings which was given by the learned trial court has not been considered by the appellate court and therefore, the appellate court has not followed the principles laid down under Order 41 Rule 31 of CPC.

3. He submits that while reversing the decree, the appellate court was under a legal obligation to discuss and consider the findings recorded by the trial court.

4. Considering the aforesaid submissions, this appeal is admitted and will be heard on the following substantial question of law.

I. Whether the appellate court's judgment while reversing the decree is perverse on account of non-consideration of the reasonings given by the learned trial court while dismissing the partition suit?

II. Whether on aforesaid account, the matter is fit to be remitted to the learned appellate court for fresh consideration.

5. Issue notice to all the respondents by ordinary process for which requisites be filed within the period of two weeks from today.

6. In the meantime, the records be called for from the concerned court.

7. Post this case on 11th March, 2025 in the supplementary cause list awaiting service report and the records from the concerned court.

8. Let this order be communicated to the concerned court through "Fax/E-mail".

(Anubha Rawat Choudhary, J.) Rakesh/-