Patna High Court - Orders
Chandra Mohan Prasad & Ors vs Jagdish Chandra Prasad & Ors on 1 July, 2008
IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.270 of 2005
CHANDRA MOHAN PRASAD & ORS
Versus
JAGDISH CHANDRA PRASAD & ORS
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05/ 01.07.2008Heard learned counsel for the appellants.
This Second Appeal will be heard. Admit. Following substantial questions of law arise for consideration in the instant Second Appeal :
(i) Whether the judgment of reversal passed by the learned court below can be legally held to be valid as it is neither based on any evidence or any reasoning and based merely on cryptic findings?
(ii) Whether assumption of the learned court of appeal below that Bakasht lands were not liable to be partitioned, can be held to be legal and valid proposition of law?
(iii) Whether the findings of the learned court below with regard to limitation or bar of section 34 of the Specific Relief Act is applicable to the facts and circumstances of this case?
Let appeal notice be sent to the respondents by ordinary process for which Talbana etc. must be filed within one week, failing which this Second Appeal shall stand dismissed without further reference to a Bench.
Call for lower court records.
harish/ (S.N.Hussain, J.)