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SA/165/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 165 of 2010
=========================================================
PANCHIBEN
RUDABHAI RAIYANI - Appellant(s)
Versus
SAVJIBHAI
HARJIBHAI RAIYANI - Defendant(s)
=========================================================
Appearance
:
MR
RR TRIVEDI for
Appellant(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6,
1.2.7,1.2.8 MR BHAVESH P TRIVEDI for Appellant(s) : 1, 1.2.1, 1.2.2,
1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.7,1.2.8
MR CL SONI for
Defendant(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 03/12/2010
ORAL
ORDER
1. Having
heard learned advocate Mr.Bhavesh Trivedi for the appellants and
learned advocate Mr.C.L. Soni for the respondent, who appears on
caveat, the present Second Appeal is admitted.
2. Following
substantial questions of law are framed for the determination of this
Court in present Second Appeal:
“(a) Whether
the suit filed by the plaintiff is barred by limitation ?
(b) Whether
document which is not read over or explained to illiterate person can
be said to be duly executed. ?
(c) Whether
without examining the person who has identified the thump impression
the execution can be proved. ?
(d) Whether
in facts and circumstances of the case the contents of the sale deed
No.611 can be said to have been proved. ?
(e) Whether
execution of document is required to be proved when it is a
registered document. ?
(f) Whether
in view of S.47 of Registration Act the Suit filed by the plaintiff
was with in the period of limitation. ?”
(RAJESH
H.SHUKLA, J.)
rakesh/
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