Sanjiv Kumar Sinha Vs Subhash Chandra Singh And Anr

Jharkhand High Court 23 Jan 2025 Second Appeal No. 159 Of 2024 (2025) 01 JH CK 0755
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Second Appeal No. 159 Of 2024

Hon'ble Bench

Sanjay Kumar Dwivedi, J

Advocates

Gaurav Abhishek

Final Decision

Disposed Of

Acts Referred
  • Code of Civil Procedure, 1908 - Order 41 Rule 31

Judgement Text

Translate:

Sanjay Kumar Dwivedi, J

1. The learned counsel for the appellant submits that this is a case of reversal and the suit was decreed in favour of the appellant however the learned

first appellate court has reversed the finding of the learned trial court and set aside the same.

2. This second appeal will be heard on the following substantial question of law: i) Whether the learned first appellate court finding exhibit 2 without

adverting to the findings and discussions regarding the law and the facts, more particularly, the provisions of Article 54 of the Limitation Act laid down,

by the learned trial court is against the provisions of Order XLI Rule 31 CPC or not? ii) Whether the learned first appellate court while reversing the

findings of the learned trial court and the fresh reasoning of the learned first appellate court has been given or not?

3. Call for the trial court records.

4. Issue notice upon the respondent nos.1 and 2 by registered post with A/d as well as under ordinary process for which requisites etc. must be filed

within a week.

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