IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.20 of 2009
MD. ALAUDDIN @ SK. ALAUDDIN & ORS
Versus
SK. MUSTAFA & ORS
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For the Appellants : M/s. N. Hoda & Md. Qumrul Hoda,
Advocates.
For the Respondent No.2 : Ms. Sushmita Mishra, Advocate.
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7. 5.10.2010. Learned counsel for the appellants files findings of
the trial court as well as the appellate court (part of the
synopsis). Let it be kept on record.
Heard learned counsel for the appellants and the
respondent No.2.
This appeal will be heard.
Admit.
Following substantial questions of law arise for
consideration in this Second Appeal:
(I) Whether the document, Ext.3 dated
1.5.1960, was compulsorily required to
be registered?
(II) Whether the lower appellate court has
reversed the judgment and decree of the
trial court without reversing the finding
-2-with regard to the Ext.3 of the trial court
that the said document was compulsorily
required to be registered?
(III) Whether the lower appellate court while
reversing the judgment and decree of the
trial court should have also considered
the finding of the trial court that without
getting the subsequent transfers nullified
by the court of law, relief to the plaintiff
could not have been granted?
Issue appeal notice to the non appearing respondents
under ordinary process as well as registered cover with A/D,
for which requisites etc. must be filed within one week after
Durga Puja Holidays, failing which this Second Appeal shall
stand dismissed as against them without further reference to a
Bench.
No notice is required to be sent to respondent No.2 as
learned counsel appearing on his behalf accepts his notice.
Call for the Lower Court Records.
(Dr. Ravi Ranjan,J)
Sanjay-II