Pratibha Singh vs Vijay Kumar Shastri
2025 Latest Caselaw 1956 Jhar

Jharkhand High Court

Pratibha Singh vs Vijay Kumar Shastri on 23 January, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                  IN THE HIGH COURT OF JHARKHAND, RANCHI
                            S.A. No. 130 of 2024
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Pratibha Singh ...... .... ... Appellant(s)

-- Versus --

Vijay Kumar Shastri ...... .... ... Respondent(s)

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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           For the Petitioner(s)        :-     Mr. Shashank Shekhar, Advocate
           For the Respondent(s)        :-
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4/23.01.2025      The learned counsel for the appellant submits that this is a case of

reversal and the decree was in favour of the plaintiff who is the appellant

herein. However, learned appellate court has reversed the finding. He submits

that the learned court on framing the new issues has reversed the same and

has set aside the judgment and decree.

2. This second appeal will be heard on the following question of law:

i) Whether the learned first appellate court gravely erred by appreciating

the exhibit no.1 that nowhere it is specifically mentioned that sketch map is the

part of the sale deed without verifying its contents in its true letter and spirit

(AIR 2022 SC 1304).

ii) Whether the learned first appellate court gravely erred in formulating

two new issues at the appellate stage at the first time and thereby allowing the

appeal instead of remanding the matter to the learned trial court.

iii)Whether the learned first appellate court has committed a grave error

of law by not considering the settled proposition of law that first appellate court

has jurisdiction to reverse the finding of the trial court however while reversing

the findings of the learned trial court it must into close quarters with the

reasoning assigned by the learned trial court and assigned its own reason for

arriving at the different finding (2020 4 SCC 313).

3. Call for the trial court records.

4. Issue notice upon the sole respondent by registered post with A/d as

well as under ordinary process for which requisites etc must be filed within a

week.

( Sanjay Kumar Dwivedi, J.)

SI/