Patna High Court - Orders
Mani Bhushan Sharma & Ors vs Tarak Nath Singh & Ors on 8 September, 2016
Author: V. Nath
Bench: V. Nath
IN THE HIGH COURT OF JUDICATURE AT PATNA
Second Appeal No.292 of 2000
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Mani Bhushan Sharma & Ors
.... .... Appellant/s
Versus
Tarak Nath Singh & Ors
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Abhay Kumar
Mr. Krishna Kishore Sinha
For the Respondent/s : Mr. Vijay Kumar Singh
Mr. Sanjay Kumar-4
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CORAM: HONOURABLE MR. JUSTICE V. NATH
ORAL ORDER
8 08-09-2016Heard Mr. P.N.Shahi, learned Senior Counsel appearing on behalf of the appellants.
This appeal will be heard. Admit.
The following substantial questions of law arise for consideration in this appeal:-
i) As to whether the findings by the appellate court below that the vendor of the plaintiffs could not have right in the property being the illegitimate son of Bhagelu Singh, can be sustained in law in view of the dictum by the Apex Court reported in the case of Smt. Parayan Kandiyal Eravathkanapravan Kalliani Amma Vs. K Devi & ors, AIR 1996 SC 1963?
ii) Whether the finding of reversal by the Patna High Court SA No.292 of 2000 (8) dt.08-09-2016 2 appellate court below regarding the binding effect of the statement made in the previous suit can be legally sustained?
Call for the lower court records. Issue appeal notice to the respondents, for which the appellants must file requisites under both modes, i.e. by ordinary process as well as by registered cover, within two weeks, peremptorily.
(V. Nath, J.) Snkumar/-
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