Patna High Court - Orders
Purni Devi vs Ram Chandra Prasad & Ors on 25 August, 2008
IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.32 of 2004
PURNI DEVI
Versus
RAM CHANDRA PRASAD & ORS
-----------
16 25.8.2008Heard learned counsel for the parties.
This second appeal will be heard. Admit Following substantial questions of law arise for consideration in the instant second appeal.
1) Whether the learned courts below have rightly placed onus upon defendant no.2 to disprove plaintiffs' claim that their vendor was replaced by original owner?
2) Whether the finding of the learned courts below regarding the relationship of plaintiffs' vendor with the original owner is sustainable in view of provision of section 50 of the Evidence Act? Mr Surendra Kishore Thakur, Advocate accepts appeal notice on behalf of respondents no. 2 series.
Mr Ajay Kumar Sinha, Advocate accepts appeal notice on behalf of respondent no.1.
Let appeal notice be issued to respondent no.3 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 against concerned respondent.
Let interim order dated 15.3.2005 continue during the pendency of the second appeal.
shahid (S.N. Hussain,J)