Patna High Court - Orders
Smt.Radha Devi vs Dip Narayan Mandal & Ors on 4 January, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.43 of 2007
SMT.RADHA DEVI
Versus
DIP NARAYAN MANDAL & ORS
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06/ 04.01.2010Heard 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:
1) Whether the judgments of the learned courts below are vitiated due to non-consideration of oral evidence of the parties which was necessary in the facts and circumstances of the case?
2) Whether in a suit for eviction on the ground of personal necessity the court was justified in considering the claim of the defendants without taking any leave to contest under the provision of section 14 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982?
Let appeal notices be issued to respondents through ordinary process for which talbana etc must be filed by the appellant within one week, failing which the appeal shall stand dismissed without further reference to the Bench.
Call for the records from the lower court.
shahid (S.N. Hussain,J)