Sita Ram Sah vs Mahadeo Sah on 15 July, 2011

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  SA No.179 of 2009
                                     Sita Ram Sah
                                          Versus
                                     Mahadeo Sah
                                       -----------

4 15-7-2011 Heard the learned counsel appearing on behalf of

the appellant and the respondent.

This appeal will be heard. Admit.

The substantial questions of law in this appeal are

as hereunder:

1.Whether the appellate court below is legally

correct in holding that in absence of documentary evidence,

the case of the plaintiff that Gopi Sah died in the year 1953,

cannot be accepted?

2. Whether the judgment of reversal passed by the

appellate court below can be sustained in law in view of non-

consideration of the reasonings and findings recorded by the

trial court on the basis of oral evidence on the issue of the

year of death of Gopi Sah?

Call for the records. As the sole respondent has

appeared, there is no need for issue of notice.

( V. Nath, J.)
roy