Jharkhand High Court
Sangram Basky And Another vs Hauwa Hembrom And Others on 16 October, 2019
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S. A. No. 28 of 2017
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Sangram Basky and another ... ... Appellants Versus Hauwa Hembrom and others ... ... Respondents
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Appellant : Mr. Sudhir Kr. Sharma, Advocate
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Order No. 04 : Dated 16th October, 2019 This second appeal has been filed against the judgment dated 30.06.2016 and decree dated 12.07.2016 passed by learned District Judge-II, Giridih in Title Appeal No. 48 of 2008, whereby the judgment dated 30.08.2008 and decree dated 18.09.2008 passed by learned 1st Additional Munsif, Giridih in Title Suit No. 163 of 1991 has been reversed and set aside.
Mr. Sudhir Kr. Sharma, learned counsel appearing for the appellants, submits that while passing the impugned judgment and decree, the learned appellate court has not followed the principle enshrined under Section 96 read with Order XLI Rule 31 of the Code of Civil Procedure. He further submits that although the appellate court has passed 33 pages judgment but up-to 20 pages it has only discussed the submissions and straightaway has come to the conclusion and there is no reason assigned in the conclusion part, which is a condition precedent for deciding an appeal in view of Order XLI Rule 31 of the Code of Civil Procedure.
Admit. This appeal will be heard on the following substantial question of law:
"Whether the learned appellate court below has decided the appeal without expressing any opinion in proper sense and whether in absence of any analysis and reason, the impugned judgment renders it indefeasible?"
However, a right is kept reserved for framing of further substantial question(s) of law at the time of hearing of this appeal, with the leave of the Court.
Issue notice to the respondents under registered post with acknowledgment due as well as under ordinary process, for which requisites/talbana etc. must be filed within two weeks after Diwali holidays, failing either of which this appeal shall stand dismissed without further reference to a Bench.
Call for the records of the courts below.
(Sanjay Kumar Dwivedi, J.) AKT