Patna High Court - Orders
Shyam Lal Mahto vs Lalita Devi & Ors on 3 March, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.96 of 2006
SHYAM LAL MAHTO
Versus
LALITA DEVI & ORS
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11. 03.03.2009Heard learned counsel for the appellant.
This second appeal will be heard. Admit. Following substantial questions of law arise for consideration in the instant second appeal:-
(i) Whether the learned courts below committed a serious error of law by assuming that defendant-respondent no.1 had all rights in family of her former husband, although she had herself admitted that after the death of her former husband she had re-married and was living with her new husband?
(ii) Whether the learned courts below misconstrued the specific provisions of Hindu Succession Act while dealing with the main question involved in the suit and appeal?
Issue appeal notices to the respondents for which Talbana etc. must be filed by the appellant within one week, failing which the instant second appeal shall stand dismissed without further reference to a Bench.
Call for the records from the learned courts below.
Sunil (S. N. Hussain, J.)