Citation : 2025 Latest Caselaw 3378 Jhar
Judgement Date : 20 March, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A. No. 122 of 2024
Ram Autar Singh and others
......................Appellants
... Versus....
Anant Prasad Singh and others
....... Respondents
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Appellants : Mr. Amar Kr. Sinha, Advocate
For the Respondents : Mr. Bharat Kumar, Advocate
..........
04/Dated: 20/03/2025 This appeal shall be heard on the following substantial question
of law:-
i. Whether the learned First Appellate Court has erred
in recording the judgment that after getting the certified copy of order
dated 22.02.2018 passed in W.P.(C) No. 3097 of 2006 defendants filed
an application under Order XLI Rule 27 read with Section 151 C.P.C.
praying therein to accept and mark Exhibit the same on 01.09.2023
and the learned First Appellate Court has wrongly held that no prayer to
that effect has been made?
ii. Whether the learned Courts have misconstrued the
Exhibit-3 i.e. certified copy of Register-II which speaks land mentioned
therein is Khas Mahal Land whereas pleading of the plaintiff is that the
suit land is raiyati land while decreeing suit on erroneous consideration?
2. Mr. Bharat Kumar, learned counsel has appeared on behalf of the
respondent nos. 1 to 3 on caveat. In that view of the matter there is no need
to issue notice upon respondent nos. 1 to 3.
3. Learned counsel for the appellants shall serve two copies of memo
of appeal upon the learned counsel for the respondent nos. 1 to 3 in course of
day.
4. Issue notice upon the respondent nos. 4 to 16 under registered
cover with A/D as well as by ordinary process for which requisites etc. must be
filed within two weeks.
5. Call for Trial Court Record.
( Sanjay Kumar Dwivedi, J.)
Satyarthi/-
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