SA/37/2021
2021 Latest Caselaw 1689 UK

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                                  SA No. 37 of 2021

                                  Hon'ble N.S.Dhanik, J.

Mr. T. A. Khan, learned Senior Counsel, assisted by Mr. Vinay Bhatt, counsel for the appellant.

This Second Appeal is directed against the judgment and decree dated 22.01.2021, passed by learned 3rd Additional District Judge, Dehradun, in Civil Appeal No. 42 of 2014, whereby the said Court has allowed the appeal filed by the respondent and set aside the judgment and decree dated 16.01.2014, passed by the trial court i.e. Civil Judge (S.D.), Dehradun, in O.S. No. 469 of 2009.

Heard.

Admit the Second Appeal on the following substantial questions of law:

"(I) Whether the learned First Appellate Court erred in law while decreeing the suit without correct identification of the land as mentioned in the last of the plaint?

(ii) Whether the learned First Appellate Court erred in law by not appreciating that the respondent was not having the correct description of the land and the meets and bonds mentioned in the last of the plaint were not having any match with the sale deeds produced by the respondent?

(iii) Whether the learned First Appellate Court committed gross illegality and perversity while not passing any order on the application filed by the respondent under Order 41 Rule 27 of the CPC with regard to the admissibility or non- admissibility of the documents and by not granting any opportunity to the appellants for rebutting the documents; for cross examination of the respondent; for producing the evidence of the appellate in rebuttal?

(iv) Whether the learned First Appellate Court committed gross illegality and perversity while not considering that the respondent failed to prove the documentary evidence filed before the appellate Court through his oral evidence, as such the same was having no value?

(v) Whether the learned First Appellate Court committed gross illegality and perversity while not considering that the documents filed by the respondents even before the first appellate court were not matching the identity of the land as mentioned in the last of the plaint?"

Issue notice to the respondent. Steps be taken within seven days.

Summon the Lower Court Record.

List after six weeks.

Till the next date of listing, effect and operation of the judgement & order dated 22.01.2021 passed by 3rd ADJ, Dehradun in Civil Appeal No. 42 of 2014 shall remain stayed.

Stay application stands disposed of.

(N. S. Dhanik, J.) 19.05.2021

Kaushal