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Dulhin Radhika Devi vs Most.Gangia Devi & Ors on 16 August, 2012

Author: Mungeshwar Sahoo

Bench: Mungeshwar Sahoo

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Second Appeal No.118 of 2009
                 ======================================================
                 Dulhin Radhika Devi
                                                                   .... .... Appellant/s
                                               Versus
                 Most.Gangia Devi & Ors
                                                                  .... .... Respondent/s
                 ======================================================

                 Appearance :
                 For the Appellant/s    :   Mr. Binod Kumar Singh
                                            Mr. Niraj Kumar Sinha

                 For the Respondent/s : Mr.
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO
                 ORAL ORDER



8   16-08-2012

Admit.

This second appeal shall be heard on the following substantial questions of law:

(A) Whether or not the Lower Appellate Court went wrong in law in considering the age of the plaintiff/appellant without disbelieving Ext.1 which is family register and produce from the proper custody by P.W.8 Sidhnath Singh, Panchayat Sevak?

(B) Whether or not Exts. 1, 3, 4, 2B, 5, 6, 6A read with deposition of PWs 8, 10, 11, 4, 5, 6, , D.Ws 15, 17 and 20 was not consider in totality and some of them were completely ignored while giving finding on the question of the relationship by the Lower Appellate Court and thus the findings arrived at in appeal is no 2 Patna High Court SA No.118 of 2009 (8) dt.16-08-2012 2/3 finding in the eye of law?

© Whether or not the Lower Appellate Court has ignored the reasons given by the Trial court while considering the documentary and oral evidences of the parties in details and thus renders incorrect, wrong and illegal judgment?

( D ) Whether or not the Lower Appellate Court wrongly and illegally put onus upon the plaintiff to prove the LTI of defendant No.3 on the documents filed in consolidation proceeding ?

(E) Whether or not the Lower Appellate Court failed to consider that prior to the execution of deed of gift the permission of the competent authority under the Consolidation Act was mandatory?

Issue appeal notice to the respondents. The appellant shall file necessary requisites for issuance of notice under ordinary process within ten days, failing which the appeal as against the concerned respondents shall stand dismissed without further reference to a bench.

Call for lower court records.

(Mungeshwar Sahoo, J) M.Rahman/-