Calcutta High Court (Appellete Side)
Nure Ashed Selim Alias Dipu Sarkar & Ors vs Mabiya Bibi & Ors on 13 January, 2021
Author: Harish Tandon
Bench: Harish Tandon
13.01.2021
ap
13 SAT 315 of 2019
with
I A No. CAN 1 of 2019
(CAN 9787 of 2019)
(Via Video Conference)
Nure Ashed Selim alias Dipu Sarkar & Ors.
Vs.
Mabiya Bibi & Ors.
Mr. Partha Pratim Roy
Mr. Anirban Das
... For plaintiffs/appellants.
The appeal shall be heard on the following
substantial questions of law: -
i) Whether it is imperative on the part
of the first appellate court to record
independent finding on the facts and
the issues involved in the suit and
not merely to concur such finding?
ii) Whether the court of appeal below
while reversing the judgment and
decree of the trial court is statutorily
bound to record its independent
finding on the basis of the evidence
and the proposition of law and not on
mere surmises and conjectures?
iii) Whether the word 'parties' appearing
in Section 26 of the Specific Relief Act
should be assigned the restrictive
meaning to include the parties to the
instrument and not successor or
2
representative thereof or a person
deriving title through such party?
iv) Whether the suit for rectification of
instrument under Section 26 of the
Specific Relief Act can be dismissed
solely on the ground that the suit for
rectification was not filed during the
lifetime of the executant, and
therefore, the suit is hit by a
provision of the Limitation Act
ignoring the Section 113 of the
Limitation Act which provides that
the limitation for filing of such suit
would reckon when the right to sue
accrues?
The appellants are directed to serve copy of the
injunction application upon the respondents by speed
post and shall file affidavit-of-service on the returnable date.
The said application is made returnable after three weeks before the appropriate Bench.
(Harish Tandon, J.) (Kausik Chanda, J.)