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2005 Supreme(Pat) 585

SHIVA KIRTI SINGH
Ramsagar Kewat – Appellant
Versus
Shivalak Kewat – Respondent


Judgment

1. Heard learned counsel for the appellants in all these cases and Mr. Sukumar Sinha, Senior Advocate who has appeared in these matters amicus curiae on Courts request.

2. On an earlier date on submission of Mr. Sukumar Sinha an order was passed in F. A. No. 149 of 2003 for listing the matter alongwith records of F.A. No. 182 of 2002 (Devendra Prasad Singh vs. Ram Chandra Prasad Singh and Ors.). The records of that case show that in view of similar defect the Court had asked the Stamp Reporter to make a fresh Stamp Report on certain issues including an issue as to whether the Bengal, Agra and Assam Civil Court (Bihar Amended) Act, 1995 (Bihar Act 19 of 1996) (hereinafter referred as the Amendment Act) shown to have been published in the Bihar Gazette (Extraordinary) on 1.10.1996 would be effective and enforceable from 1.10.1996 or with effect from 16.2.2005, a date on which as per Stamp Reporter the Hon ble Chief Justice had approved the Amendment Act. The Registrar General was also directed to submit his comments in the matter.

3. On behalf of appellants Mr. Sukumar Sinha submitted that the comments of the Registrar General and annexures therewith show the correct factual







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