Court No. - 1 Case :- SECOND APPEAL No. - 58 of 2010 Petitioner :- U.P. Financial Corporation & Ors. Respondent :- Sri Rakesh Kumar Mishra Petitioner Counsel :- Sushil Kr. Srivastava 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.
(1) Whether the First Appellate Court can set aside the judgment and decree
of the trial court, who given categorical findings that plaintiff’s suit was
barred by provision of Section 29 of State Financial Corporation Act and
Section 38 and 41 of Specific Act, the suit itself was not maintainable. Can
the First Appellate Court create jurisdiction to enter into such dispute and
adjudicate upon the same?
(2) Whether if plaintiff’s suit for permanent injunction against the appellant is
found not legally maintainable by the trial court the First Appellate Court can
allow the appeal on merits?
Till then, effect and operation of the impugned judgment and decree dated
19.09.2009 passed by Additional District Judge, court no.3, Buadun in Civil
Appeal No.27 of 2006, Rakesh Kumar Mishra Vs. U.P. Financial Corporation
and Others shall remain stayed.
Order Date :- 18.1.2010
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