IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.371 of 2010
Sadarajo Kuar & Anr.
Versus
Bijay Bahadur Singh
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5 19-7-2011 Heard the learned counsel appearing on behalf of
the appellants in support of this appeal.
This appeal will be heard. Admit.
The substantial questions of law involved in this
appeal are as follows:
1. Whether the failure of the appellate court in
considering the validity and effect of Ext.D(Sada agreement)
upon the rights of the plaintiff and the defendants has vitiated
its judgment?
2. Whether once after coming to a finding that
Ext.D was a document validly executed between the parties,
there was any scope for consideration of the question
regarding the validity and binding effect of the same
document in absence of any such case by the plaintiff or in
the absence of any issue framed in this regard?
Call for the records. Issue appeal notice to the
respondent for which the appellants must file requisites within
one week, both under registered cover and ordinary process,
failing which the appeal shall stand dismissed without further
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reference to the Bench.
I.A.No. 2863 of 2011
Learned counsel for the appellants is permitted to
make corrections including the provision of law in the
Interlocutory Application.
Issue notice of this Interlocutory Application to the
respondent requisites for which, both under registered cover
and ordinary process, must be filed within one week, failing
which the said Interlocutory Application shall stand rejected
without further reference to the Bench.
Pending disposal of this application, there shall be
interim stay of further proceeding of Execution Case No.5 of
2010, pending in the court of Subordinate Judge II, Bhabua.
Put up this application immediately after service of
notice.
( V. Nath, J.)
roy