SA/80/2022
2022 Latest Caselaw 2359 UK

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                                     SA No.80 of 2022
                                     Hon'ble Sharad Kumar Sharma, J.

List revised. None appears for the respondent/caveator.

Mr. Siddhartha Sah, Advocate, for the appellant.

Admit the second appeal on substantial question of law Nos. A, D, F, which is extracted hereunder:-

"A. Whether the first Appellate Court committed a grave error of law by entertaining & decreeing a single appeal against a judgment of decreeing a suit & rejection of counter-claim & thus overlooking the impact of provisions of Order 8 Rule 6-A (4) CPC which expressly provides that a counter- claim is to be treated as a separate suit?

D. Whether the first appellate Court has committed a mistake of law in permitting the respondents no. 1 and 2 to lead additional oral evidence without considering that the application and prayer of the respondents no. 1 and 2 for additional evidence could have been considered only at the time of hearing of the appeal as per the law laid down by the Hon'ble Supreme Court in the case of Union of India vs Ibrahimuddin reported in (2012) 8 SCC 148?

F. Whether first appellate Court has committed an error of law in not considering the fact that the adoption of Sri Sandeep by late Sri Jyoti Prasad was not proved at all nor particulars thereof were ever provided in the pleadings by the concerned parties?"

Summon the lower court records. The appellant would take steps to serve the other co- respondents, who are not represented by the caveator.

List this matter after receipt of the records of the court below.

Till the next date of listing, the parties are directed to maintain status quo qua the nature and title of the property in dispute.

(Sharad Kumar Sharma, J.) 29.07.2022 NR/