Supreme Court - Daily Orders
Alok Chandra Pal (D) Thr Its Lrs. vs Chandan Singh (D) Thr Its Lrs. on 7 July, 2017
Bench: Dipak Misra, A.M. Khanwilkar
ITEM NO.23 COURT NO.2 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Diary No(s). 8279/2017
(Arising out of impugned final judgment and order dated 18-11-2016
in SA No.448/1997 passed by the High Court of Judicature at
Allahabad)
ALOK CHANDRA PAL (D) THR ITS LRS. Petitioner(s)
VERSUS
CHANDAN SINGH (D) THR ITS LRS. Respondent(s)
Date : 07-07-2017 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE A.M. KHANWILKAR
For Petitioner(s)
Mr.Rishab Kaushik, Adv.
Mr.Harsh Pratap Shahi, Adv.
Mr.Shree Pal Singh, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
It is submitted by learned counsel for the petitioner that though the respondent has not rebutted the presumption as provided under Section 90(1) of the Evidence Act yet the High Court has remanded the matter to the trial court for retrial of the suit.
Issue notice.
In the meantime, there shall be stay from operation of the impugned judgment dated 18.11.2016 passed by the High Court in SA No.448 of 1997.
Signature Not Verified Digitally signed by ASHOK RAJ SINGH Date: 2017.07.11 12:59:48 IST Reason: (Ashok Raj Singh) (H.S.Parasher) Court Master Court Master