Jharkhand High Court
Srimati Rekha Devi & Another vs (A) Bhagwat Rai & Another on 4 May, 2022
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A. No.14 of 2011
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Srimati Rekha Devi & Another .... .... .... Appellants Versus 1(a) Bhagwat Rai & Another .... .... .... Respondents CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Appellants : Mr. Saibal Mitra, Advocate Mr. Madan Prasad, Advocate For the Respondents :
Oral Order 17/ Dated : 04.05.2022 This appeal is admitted and shall be heard on the following substantial question of law:-
I. Whether the Courts below have failed to consider that there is a presumption that registered document is validly executed and prima facie would be valid in law and the onus of proof would be on person who leads evidence to rebut the presumption? II. Whether the Courts below failed to consider Section 19 of the Indian Contract Act, under which a contract is voidable on account of fraud and the defendants by not taking any step for cancellation of the registered agreement of sale, forfeited the plea that it was vitiated by fraud?
The other substantial question of law, if any, shall be formulated at the time of hearing of the appeal.
Issue notice to the respondents under registered cover with A/D as well as by ordinary process for which requisites etc. must be filed within two weeks.
Call for Lower Court Records from the Court concerned. Let this case be listed after four weeks.
(Gautam Kumar Choudhary, J.) Anit