Court No. - 1 Case :- SECOND APPEAL No. - 57 of 2010 Petitioner :- Kailash And Another Respondent :- Bheem And Others Petitioner Counsel :- Umesh Vats,Bhupesh Kumar Singh Hon'ble Rakesh Sharma,J.
Heard learned counsel for the appellant.
Admit.
Issue notice to the respondent.
Let counter affidavit be filed within six weeks. Rejoinder affidavit may be
filed within two weeks.
List thereafter.
Following substantial questions of law arise for consideration in the present
case.
(a) Whether, the Appellate court can pass a decree in favour of a person,
which is not party to the suit and can an order be passed adversely affecting a
person who is not before the court, impleaded as a party in any capacity?
(b) Whether, a legal bar can be a basis of passing a judgment and decree
without framing of an issue, with regard to such legal bar? Here the courts
below have wrongly and illegally included the Gond Caste in the schedule
caste list, though the Government Order No.1432 dated 26.3.1986 does not
include the Gond Caste in the schedule caste category. The aforesaid
government mentioned the caste Gaur, which is different from caste Gond,
and a such the consideration based upon wrong assumption, is absolutely
illegal and liable to be set-aside?
(c) Whether the document, such as basic year Khatauni can be ignored by the
courts below, with regard to ascerained of caste?
(d) Whether the appellate court can pass a decree, while dismissing the entire
suit in favour of third party?
Till the next date of listing, effect and operation of the judgment and order
dated 10.12.2009 passed by learned Additional District Judge, Court No.6,
Deoria in Civil Appeal No.15 of 2009, Kailash and another Vs. Bheem and
Others and order dated 24.12.2008 passed by learned Additional Civil Jude
(J.D.), Court No.23 Deoria, in O.S. No.1811 of 2001 Bheem and Others Vs.
Kailash and Others shall remain stayed.
Order Date :- 18.1.2010
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