Rajendra Prasad Sahu & Anr vs Most. Radha Devi & Ors
2025 Latest Caselaw 475 Jhar

Jharkhand High Court

Rajendra Prasad Sahu & Anr vs Most. Radha Devi & Ors on 1 July, 2025

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Second Appeal No.203 of 2010

        Rajendra Prasad Sahu & Anr.                      ...       Appellant(s)
                                         Versus
        Most. Radha Devi & Ors.                          ...       Respondent(s)

Coram:HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

For the Appellant(s) : Mr. A.K. Sahani, Adv. For the Respondent No.1 : Mr. Shrestha Gautam, Adv.

Order No.20/Dated- 1st July, 2025

1. Heard the parties.

2. The following substantial question of laws arise in the present appeal:-

(i) Whether the concurrent findings of the learned courts below court on Exhibit-B in registration of partition is hit by the provisions of Sections 17 and 49 of the Indian Registration Act as such illegal and perverse?

(ii) Whether the judgment and decree passed by the learned trial court as well as appellate court suffers from illegality/perversity in view of recording the findings about non-joinder without any pleading and framing of issues and leading evidence?

3. Other substantial questions of law may be considered at the time of hearing.

4. Admit.

5. Office is directed to call for the record trail court as well as appellate court record.

6. Let notices be issued upon the respondent nos.3 to 5 through registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within a period of two weeks.

7. List this case after receipt of service report under the heading "For Hearing".

(Pradeep Kumar Srivastava, J.) Amar/ Uploaded