Court No. - 1 Case :- SECOND APPEAL No. - 145 of 2010 Petitioner :- Smt. Bitoli Devi Respondent :- Sajid Ali And Others Petitioner Counsel :- S.K. Mehrotra Hon'ble Rakesh Sharma,J.
Admit.
Issue notice.
Counter affidavit may be filed within six weeks. Rejoinder affidavit may be
filed within two weeks thereafter. List after the expiry of the aforesaid period.
Following substantial questions of law arise to be considered:
Whether the lower appellate court without properly appreciating the evidence
on record was right in dismissing the suit?
Whether it was incumbent upon the lower appellate court which is a court of
fact to decide the appeal after considering the entire material evidence on
record?
Whether the lower appellate court was right in ignoring registered sale deed
and Nagar Palika assessment?
Whether the view of lower appellate court ‘ that plaintiff herself not got
examined to prove her case’ is sustainable in law on the fact that plaintiff’s
husband namely Murari La got examined as P.W.1?
Till the next date of listing, the effect and operation of the impugned
judgment and decree dated 28.10.2009 passed by Addl.District Judge/Special
Judge(E.C.Act), Shahjahanpur in Civil Appeal No.128 of 1996( Sajid Ali &
others Vs. Smt. Bitoli Devi and others shall remain stayed.
Order Date :- 1.2.2010
VPC