RSA/311/2017
2021 Latest Caselaw 4664 Ori

                              RSA No.311 of 2017




2.   06.04.2021            Heard learned counsel for the Appellants (Plaintiffs)
                  in the matter of admission of the appeal.

                           Perused the judgments passed by the courts below.

                           The appeal is admitted on the following substantial
                  questions of law:-

                           "1. The vendors of the Plaintiffs i.e. Defendant Nos. 1
                  to 6 and 11 to 16 having not contested the suit by filing the
                  written statement denying the title of the Plaintiffs and their
                  possession in so far as the schedule 'A' to 'D' properties are
                  concerned; whether the courts below have erred in law in
                  dismissing the suit?"

                           2. Whether merely for non-filing of the sabik ROR by
                  Plaintiffs in respect of their purchased land; the courts below
                  are right in dismissing the suit when the vendors of the
                  Plaintiffs i.e. Defendant Nos. 1 to 6 and 11 to 16 have not come
                  forward to question that the right, title and interest over the
                  land which they had at the time of sale have rested with the
                  Plaintiffs by virtue of the sale made by them?"

                           Issue notice to the Respondents by registered post
                  with A.D. Steps be taken within a week hence. In that event
                  notice be issued, fixing a short returnable date.
                List this matter in the week commencing 5th May,
      2021.

               As the restrictions due to the COVID-19 situation are
      continuing, learned counsel for the parties may utilize a soft
      copy of this order available in the High Court's website or print
      out thereof at par with certified copy in the manner prescribed,
      vide Court's Notice No. 4587, dated 25th March, 2020.

                                           ....................
                                            D. Dash, J.

Aks