Patna High Court - Orders
Radhika Devi & Ors. vs Suresh Baitha & Ors. on 12 February, 2013
Author: Chakradhari Sharan Singh
Bench: Sharan Singh, Chakradhari Sharan Singh
Patna High Court SA No.378 of 2010 (12) dt.12-02-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Second Appeal No.378 of 2010
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Radhika Devi & Ors.
.... .... Appellant/s
Versus
Suresh Baitha & Ors.
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Suresh Prasad Bhakta
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
SHARAN SINGH
ORAL ORDER
12 12-02-2013This appeal will be heard. Admit. Call for the lower Court records.
Following is the only substantial question of law which is involved in the present second appeal:-
"Whether in the facts and circumstances of the case learned First appellate Court while reversing the finding of the trial Court wrongly shifted the burden of proof on the defendant as regards the plaintiffs' case that Maktuliya was the daughter of Shiv Sharan and not of Ujiyar who according to the plaintiffs died issueless?
Since the respondent nos. 1 to 10 have entered appearance through filing vakalatnama, no notice need be issued to them.
Issue notice to respondent nos. 11 to 72 through ordinary process for which requisites etc must be filed within four weeks from today, failing which this memo of appeal as against them Patna High Court SA No.378 of 2010 (12) dt.12-02-2013 shall stand dismissed without further reference to a Bench.
(Chakradhari Sharan Singh, J) Arun Kumar/-