In this review petition, the High Court of Chhattisgarh dismissed the appeal filed by Rajnath contesting a decree in his favor was revoked and the plaintiff succeeded in title suit. The court distinguished a cited precedent and found no error warranting review intervention.
The review petition dismissed at the admission stage with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
REVP No. 147 of 2017
Rajnath S/o Moharsai Aged About 32 Years Caste Uraon R/o Village Jaganathpur Police Station And Tehsil Pratappur, District Surajpur Chhattisgarh. Appellant / Defendant No. 2, Chhattisgarh
---- Applicant
Versus
---- Non-Applicants
For Applicant: Dr. N. K. Shukla, Learned senior counsel along with Shri Sunil Lakra and Shri Ajay Lakra. For Non-applicant No. 5/ State: Shri V. B. Singh, PL.
Single Bench:Hon'ble Shri Sanjay Agrawal, J
Order On Board
18.09.2018
against the order dated 04.09.2017 passed in Second Appeal No. 271 of 2016 (Rajnath Vs. Smt. Kanti Devi and another), by which the appeal preferred by the Applicant has been dismissed by decreeing the Plaintiff's
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claim by holding that the Plaintiff-Smt. Kanti Devi is the daughter of the erstwhile owner Nirmal.
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has come to the conclusion that Plaintiff-Smt. Kanti Devi is not the daughter of said Nirmal and that by disbelieving the due execution, attestation and validity of the alleged Will has dismissed the Plaintiff's claim as well as the counter claim of the Applicant/Defenandant-Rajnath.
face of the record, so as to warrant interference in the order impugned in
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exercise of review jurisdiction.
Sd/(Sanjay Agrawal) JUDGE
Nikita
3 issues framed by the court
Whether the order in the review petition is devoid of merits and warrants interference under the review jurisdiction.
Whether the principles laid down in Ramdev Ram V. Dhani Ram and Ors are applicable to the facts of the present case.
Whether any error or mistake apparent on the face of the record exists in the impugned order.
Colour shows how this judgement treated each authority
Ramdev Ram V. Dhani Ram and OrsDistinguished¶30
AIR (2016) Chhattisgarh 107 · Who else cites this
Rajnath
Smt. Kanti Devi
Mohar Sai
Mangal Sai
Kanwal Sai
State Of Chhattisgarh
Sanjay Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
