This appeal seeks to challenge the dismissal of a suit filed for declaration that Mr. Brahmanand is not alive by virtue of a seven-year lapse since his disappearance, questioning the lower courts' stance on date-of-death specification and Special Relief Act compliance.
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Court No. - 5
Case :- SECOND APPEAL No. - 22 of 2024
Appellant :- Smt. Madhuri Devi ( Deceased ) And 2 Others Respondent :- State Of U.P. Thru. D.M. Unnao And Another Counsel for Appellant :- Amit Singh
Hon'ble Abdul Moin,J.
Heard.
Appeal is admitted on the following substantial question of law:-
"Whether the Courts below committed error in dismissing the suit filed by the plaintiffs by which the relief under Section 108 of the Indian Evidence Act for declaration that Mr. Brahmanand is not alive by virtue of the lapse of period of seven years from the date of his disappearance on the ground that the date of death was not specified and that there was no compliance of Section 34 of the Special Relief Act?"
Issue notice to respondents no.1 and 2. Steps be taken within a week.
Summon the trial court record.
List on the date to be indicated by the office in the notice.
Order Date :- 25.4.2025 A. Katiyar
Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the courts below committed error in dismissing a suit for declaration that Mr. Brahmanand is not alive by virtue of a seven-year lapse from his disappearance.
Whether the suit required specification of the exact date of death under Section 108 of the Indian Evidence Act.
Whether non-compliance with Section 34 of the Special Relief Act warrants dismissal of the suit.
2 provisions across 2 enactments
Smt. Madhuri Devi (Deceased) 2nd Appellant
Smt. Madhuri Devi (Deceased) And 2 Others (Applicants)
State Of U.P. Thru. D.M. Unnao
State Of U.P. Thru. D.M. Unnao And Another (Respondents)
Abdul Moin
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
