Patna High Court - Orders
Harish Chandra Singh & Ors vs Nand Lal Singh & Ors on 20 July, 2018
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Second Appeal No.39 of 2009
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HARISH CHANDRA SINGH & ORS
... ... Appellant/s
Versus
NAND LAL SINGH & ORS
... ... Respondent/s
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Appearance :
For the Appellant/s : Ms. Vagisha Pragya Vacaknavi
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
15 20-07-2018The substantial questions of law which the present second appeal involves are as follows:
(i) Whether in the absence of any consequential relief sought by the plaintiffs/respondents, the suit filed for declaration that the survey entry, recorded in the names of defendants/appellants, is barred under Section 34 of the Specific Relief Act?
(ii) Whether the suit could be held to be not maintainable in view of the provisions under Section 106 of the Bihar Tenancy Act which provides for specific remedy in respect of the relief which the plaintiffs had sought in view of Supreme Court's decision in the case of Patna High Court SA No.39 of 2009(15) dt.20-07-2018 2/2 N.D.M.C. vs. Satish Chand (Deceased) by Lr Ram Chand, reported in A.I.R. 2003 SC 3187?
Admit.
Issue appeal notices to the respondents under speed post with A/d as well as under ordinary process, requisites for which must be filed within two weeks, failing which this appeal shall stand dismissed without further reference to the Bench.
Call for the lower court records.
(Chakradhari Sharan Singh, J) Pawan-Ragini U