IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.297 of 2000
RAMA NAND PRASAD ROY & ORS
Versus
RAM NIWAS MALNI & ORS
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05 04.07.2008 Heard learned counsel for the appellants.
This appeal will be heard. Admit.
Following substantial questions of law arise for
consideration in this appeal :-
(i) Whether the suit suffered from the defect of
non-joinder of necessary parties i.e. two
brothers of plaintiff no.1 and the impugned
judgments and decree of the learned courts
below are also vitiated due to non-
consideration of the said question, which was
specifically taken up by defendant no.1 in his
written statement ?
(ii) Whether the learned courts below proceeded
on baseless assumption that the partition had
taken place between sons of the recorded
tenant Lila Raut although there was no
material to prove the same and the
presumption was against the specific provision
of Hindu Law applicable to Miktakshra
School?
(iii) Whether Exts.3 series produced by the
plaintiffs themselves show that the vendor of
-2-the plaintiffs, namely Maheshwari Devi had no
title over the suit land but the said documents
were completely ignored by the learned courts
below ?
(iv) Whether the claim of the defendants regarding
right, title and interest would be legally
assumed without considering the death
certificate (Ext. H) issued by the authority with
respect to the death of their vendor ?
Issue notice to the respondents under ordinary process on
Talbana etc. being filed within one week, failing this, this appeal shall
stand dismissed without further reference to a Bench.
Call for the records of learned courts below. .
MPS/ ( S. N. Hussain, J. )