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Patna High Court - Orders

Geeta Sharma @ Gita Devi & Ors vs Shiv Jee Rai & Ors on 23 December, 2014

Author: V. Nath

Bench: V. Nath

      Patna High Court SA No.443 of 2008 (9) dt.23-12-2014




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        Second Appeal No.443 of 2008
                   ======================================================
                   Geeta Sharma @ Gita Devi & Ors
                                                                      .... .... Appellant/s
                                                   Versus
                   Shiv Jee Rai & Ors
                                                                     .... .... Respondent/s
                   ======================================================
                   Appearance :
                   For the Appellant/s    :   Mr. Er. Harendra Kumar
                   For the Respondent/s    : Mr.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE V. NATH
                   ORAL ORDER

9   23-12-2014

Heard Mr Binod Kumar Singh, the learned counsel appearing on behalf of the appellants.

This appeal will be heard.

Admit.

The following substantial questions of law arise for consideration in this appeal:

I. Whether the appellate court below while reversing the judgment of the trial court has correctly approached the matter in requiring the plaintiff to prove his title and possession within 12 years of the filing of the suit and that too in view of the fact that the defendant did not claim to be in adverse possession of the suit property rather claimed his title over the same on the basis of a homestead purcha?
Patna High Court SA No.443 of 2008 (9) dt.23-12-2014

II. Whether the State of Bihar was necessary party to the suit when the issue of grant of basgit purcha to the defendants was directly in issue? Issue notice to the respondents for which the appellants must file requisites both under registered cover with A/D as well as ordinary process within two weeks, failing which the appeal shall stand dismissed without further reference to a Bench.

Call for the lower court records.

(V. Nath, J) Nitesh/-

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