RSA/50/2019
2021 Latest Caselaw 4961 Ori

                                      R.S.A. No.50 of 2019




02. 09.04.2021            This matter is taken up through hybrid arrangement
                 (virtual/physical) mode.
                          Heard learned counsel for the Appellants in the matter of
                 admission of this Appeal. Perused the judgments of the Courts
                 below.
                          The Appeal is admitted on the following substantial
                 questions of law.
                          "1) Whether the First Appellate Court is correct in
                          saying that the Plaintiff should have sought for the
                          relief of declaration of title in respect of the suit land
                          as the ROR (Ext.C) was standing in favour of some of
                          the Defendants and, therefore, without granting
                          declaring the ROR as wrong, the suit for partition was
                          not maintainable in the eye of law?; and

                          II) Whether the First Appellate Court for non-
                          production of registered sale deed dated 04.05.1945
                          and its proof is correct in saying that the original
                          Plaintiff had no title despite the proof of sale deed
                          (Ext.5-Ext.C/1) further finding support from the order
                          in the matter of reference vide Ext.7."

                          Issue notice to all the Respondents by registered post with
                 AD.
                          The notice be made returnable within three weeks and list
                 this matter immediately thereafter.


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

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