Shiv Prasad Mahto vs Rajeshwar Mahto & Ors
2025 Latest Caselaw 2110 Jhar

Jharkhand High Court

Shiv Prasad Mahto vs Rajeshwar Mahto & Ors on 29 January, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                             Second Appeal No. 22 of 2017

                Shiv Prasad Mahto                            ...        ...    Appellant
                                          Versus
                Rajeshwar Mahto & Ors.                ...        ...          Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellant : Mr. Amar Kumar Sinha, Advocate : Mr. Kundan Kumar Ambastha, Advocate For the Respondents :

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09/29.01.2025 Learned counsel for the appellant is present.

2. Learned counsel for the appellant submits that the learned First Appellate Court has not even framed the point of determination and while upsetting the judgment of the learned Trial Court, the learned appellate Court has not met with the reasons which have been given by the learned trial Court. He submits that the impugned judgment of reversal passed by the learned First Appellate Court does not meet the requirements of Order XLI Rule 31 of the Code of Civil Procedure and therefore, this appeal be admitted by framing appropriate substantial question of law.

3. Considering the aforesaid submissions and having gone through the impugned judgment, this appeal is admitted on the following substantial question of law:

"Whether the judgment passed by the learned First Appellate Court is vitiated on account of not following the mandate of Order XLI Rule 31 of Code of Civil Procedure?"

4. Issue notice to the respondents for which requisites etc. under ordinary process be filed before this Court within a period of one week from today.

5. Learned counsel for the appellant has undertaken to furnish a typed copy of the judgment passed by the learned trial Court within a period of one week from today.

6. Let the records be called for from the learned Court concerned.

7. Post this case on 05th March 2025 in the supplementary cause- list.

8. Let this order be communicated to the learned Court concerned through 'FAX'.

(Anubha Rawat Choudhary, J.) Pankaj