SA/29/2022
2023 Latest Caselaw 820 UK

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                                      SA No.29 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Abhijay Negi, learned counsel for the appellant.

The present second appeal arises as against non-concurrent judgment rendered in a suit for partition.

The suit preferred by the plaintiff/ respondent stood dismissed by the judgment of the trial Court as rendered on 09.12.2011.

Upon a challenge being given to it in a Civil Appeal being Civil Appeal No.141 of 2011, "Shri Satish Chandra Juyal Vs. Shri Srish Chandra Juyal & Others", the judgment of the trial Court has been reversed and the suit for partition has been decreed in the impugned judgment of 12.12.2019.

There are three fold arguments and it would be substantial question of law to be considered in this case.

The Appellate Court erred at law in failing to determine as to what impact the earlier judgments would have as it has been referred to in the trial Court judgment being Misc. Case No.77 of 2019, "Basant Kumar Juyal Vs. Girish Chandra Juyal & others", Suit No.176 of 76, and secondly, it has been argued that once it is a judgment of reversal, then it is the bounded duty of the Appellate Court to have dealt with all the findings on reversal so far as it relates to effect of the unregistered Will of 2017 which is the basis of the suit. Thirdly, it has been argued by the learned counsel for the appellant that the Appellate Court's judgment is bad in the eyes of the law due to non-compliance of the provision contained under Order 41 Rule 31 since as the judgment rendered by the Appellate Court apart from referring to the issues framed in paragraph no.7 had not specifically determined the point of determination on which the Appellate Court's judgment would be based.

Admit the appeal.

Summon the LCR.

Issue notices to the respondents. List thereafter.

Till the next date of listing the judgment as rendered by the Appellate Court on 12.12.2019 would be kept in abeyance.

(Sharad Kumar Sharma, J.) 27.03.2023 Sukhbant