This Miscellaneous Appeal quarter家长 against a title appeal order setting aside an ex parte decree and remanding the suit for fresh trial. The High Court found no jurisdictional error or illegality in the lower court's order. The appeal was dismissed.
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
Miscellaneous Appeal No.864 of 2019
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Versus
====================================================== Appearance : For the Appellant/s : Md. Waliur Rahman, Advocate
Patna High Court MA No.864 of 2019(3) dt.08-08-2023
2/2
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER
3 08-08-2023
This Miscellaneous Appeal has been filed against the order dated 06.09.2019 passed by the learned 5th Additional District Judge, Bhojpur (Arrah) in Title Appeal No. 97 of 2011 whereby the ex- parte judgment and decree dated 25.05.2011 passed in Title Suit No. 479 of 2003 has been set aside and the Title Suit No. 479 of 2003 is remanded to the court below for deciding it afresh on merits.
learned court below has rightly set aside the ex- parte decree as the learned Sub-Judge neither discussed the issues nor dealt with the materials brought on record and decided the suit ex- parte without affording any opportunity to the defendant.
has committed any jurisdictional error or illegality in passing the impugned order.
(Khatim Reza, J)
prabhat/-
U
2 issues framed by the court
Whether the impugned order setting aside the ex parte decree was erroneous.
Whether the lower court committed any jurisdictional error or illegality.
Shivshankar Upadhyay @ Sheo Shankar Upadhaya
Chandrakanti Dewi
Smt. Laxmi Devi
Radheshyam Rai
Baleshwar Upadhaya
Sonu Upadhayay
Kh atim Reza
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
