Ajit Kumar Sinha vs Avinash Prasad And Others
2025 Latest Caselaw 3545 Jhar

Jharkhand High Court

Ajit Kumar Sinha vs Avinash Prasad And Others on 27 March, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Second Appeal No. 75 of 2024

              Ajit Kumar Sinha
                                                   ......................Appellant


                                 ... Versus....

              Avinash Prasad and Others

                                                        .......      Respondents

               CORAM:       HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

        For the Appellant             : Mr. Amar Kr. Sinha, Advocate


                         ..........

05/Dated: 27/03/2025 This appeal shall be heard on the following substantial question

of law:-

"(i). Whether the First Appellate Court has vitiated on account of

non-consideration in Section 11 of Code of Civil Procedure in as much as the

issue of partition was also the specific and substantive issue in Title Suit No. 37

of 2009 between the same parties and the same has already been adjudicated

in favour of the appellant and as such the judgment passed by both the

Courts are perverse or not wherein First Appeal is subject matter of Original

Suit No. 69 of 2016".

3. Issue notice upon the respondent nos. 1 and 3 under registered

cover with A/D as well as by ordinary process for which requisites etc. must be

filed within one week.

4. Call for Trial Court Record.

( Sanjay Kumar Dwivedi, J.)

Satyarthi/-