IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.225 of 2011
Dwarika Nath Pd.
Versus
The Sdo, Sheohar -Cum-Chairman
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5. 18.08.2011 Heard the learned counsel Mr. Abhimanyu
Sharma appearing on behalf of the appellant in support of
this appeal.
This appeal will be heard.
Admit.
The following substantial questions of law
arise for consideration in this appeal:
(i) Whether when the Title Appeal No.29 of
2002 filed against the judgment and decree dated
30.07.1997 was clearly barred by limitation, the judgment
and decree of the appellant court can be sustained in law
when the same have been passed without finally
condoning the delay on existence of sufficient cause.
(ii) Whether the appellate court below has
committed error in law by simply declaring that the decree
passed by the trial court is not binding upon some of the
respondents without in the said circumstance remanding
the matter to the trial for fresh adjudication and whether
such a finding by the appellate court is contrary to the
2
provisions of Order 9, Rule 13 C.P.C.
Call for the lower court records.
Issue notice to the respondents under
registered cover with A/D as well as ordinary process for
which the appellant must file requisites within two weeks,
failing which this appeal shall be dismissed without
further reference to the bench.
Issue notice in I.A.No. 4262 of 2011 also to
the respondent no.1 to show cause as to why the relief as
prayed in this Interlocutory application be not granted to
the appellant. The requisites for the same must be filed
under registered cover with A/D as well as ordinary
process by the appellant by tomorrow, failing which this
application shall stand rejected without further reference to
the bench.
The office is directed to put up this
I.A.No.4262 of 2011 soon after the service of notice.
( V. Nath, J.)
Nitesh