Review application filed challenging the dismissal of a second appeal on merits. Bench held review is unnecessary as initial appeal did not involve substantial questions of law. Decided no order as to costs.
Review application RVW 62 of 2023 and cross application CAN 1 of 2023 dismissed.
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06.10.2023 SL No.15 Court No.8 (gc)
RVW 62 of 2023 CAN 1 of 2023 In SAT 103 of 2013
Shibtala Palli Sangha & Ors. Vs. Mohanlal Roy & Ors.
Mr. Sanat Kr. Roy,
Mr. Abhishek Banerjee,
…for the Applicants. Mr. Mahendra Prasad Gupta, Mr. D.K. Saila, Mr. A. Panja,
…for the Respondents.
questions of law. Both the Courts have returned the finding of facts on consideration of the evidence on record.
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evidence before the Trial Court. They did not even make any prayer for remanding the matter to the Trail Court in order to enable them to prove fraud as alleged. It is elementary that the plaintiff has to aver and prove at the trial in respect of the facts pleaded in the plaint in order to enable the Court to decide the issue. The plaintiffs cannot establish their right on the basis of the evidence of the defendants.
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which the second appeal was dismissed at the admission stage.
(Uday Kumar, J.)
(Soumen Sen, J.)
3 issues framed by the court
Whether the review of the order dismissing the second appeal lies on the facts that the plaintiffs failed to adduce evidence regarding fraud.
Whether the relief sought in the review application can be granted upon the current facts.
Whether the certified copy of the gift deed and mutation entries rebut the claim of oral gift of immovable property.
Shibtala Palli Sangha & Ors.
Mohanlal Roy & Ors.
Uday Kumar
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
