In this second appeal, the Patna High Court held that the appeal filed by defendants against the Lower Appellate Court's order allowing plaintiff's appeal was not maintainable, thereby dismissing it based on the office's objection.
The second appeal was dismissed as not maintainable.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Second Appeal No.53 of 2014
======================================================
.... .... Appellant/s Versus
.... .... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Rabindra Nath Dubey For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
The plaint filed by the plaintiff-respondent was rejected by the learned Trial Court under Order VII Rule 11 of the Code of Civil Procedure. Aggrieved thereby, the plaintiff filed appeal. The same was allowed by the judgment and order under appeal passed by the learned Additional District Judge-III, Danapur and the matter was remitted to the learned Trial Court to frame issues and permit the parties to lead evidence on these issues and thereafter render the judgment. Aggrieved by the
Patna High Court SA No.53 of 2014 (2) dt.09-07-2014
2
aforesaid judgment and order passed by the learned Lower Appellate Court, the defendants have filed the present appeal.
The Office has pointed out that the appeal against the aforesaid judgment passed by the learned Lower Appellate Court is not maintainable.
In my view, the Office is right in raising the said objection. The objection of the office is upheld.
The appeal is dismissed as not maintainable.
(Kishore Kumar Mandal, J)
Pankaj/-
U
1 issue framed by the court
Whether the second appeal filed by the defendants against the order of the Lower Appellate Court allowing the plaintiff's appeal is maintainable.
Raj Kishore Singh Son Of Late Bindeshwari Singh
Sanjeev Kumar Son Of Raj Kishore Singh
Sushant Kumar @ Lav Kumar
Prasant Kumar @ Kush Kumar Nos. 3 And 4 Twin Minor Sons Of Sanjeev Kumar
Upendra Singh
Kamalesh Singh
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
