Shiv Bahadur and Others v. Rajesh Kumar and Another
Case brief
What is this about?
Second appeal admitted on a substantial question of law regarding whether the first appellate court's judgment is unsustainable for not framing points of determination under Order 41 Rule 31 CPC. Notice issued and lower court record summoned.
What did the court decide?
Appeal admitted on a stated substantial question of law; notice issued; lower court record summoned.
What the court decided
Court No. - 4
Case :- SECOND APPEAL No. - 15 of 2024
Appellant :- Shiv Bahadur And Others Respondent :- Rajesh Kumar And Another Counsel for Appellant :- Rajeev Kumar Mishra Rudra,Diwakar Prasad Tiwari
Hon'ble Rajnish Kumar,J.
Heard Sri Diwakar Prasad Tiwari learned counsel for the appellants.
The second appeal is admitted on the following substantial question of law:-
"Whether the judgment passed by the first appellate court, without framing point of determination is in violation of Order 41 Rule 31 and is not sustainable, if so, its effect."
Issue notice.
Summon the lower court record.
Steps to be taken within a week.
List in the next month with service report.
Issues for consideration
1 issue framed by the court
Whether the first appellate court's judgment without framing points of determination violates Order 41 Rule 31 CPC and, if so, its effect.
Parties & counsel
- appellant
Shiv Bahadur And Others
- respondent
Rajesh Kumar
- respondent
Another
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- SAPL/15/2024
All orders in this case
8 orders share this CNR
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