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2012 Supreme(Pat) 38

V.NATH
Bharat Singh – Appellant
Versus
State Of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Mr. K.N. Chaubey, Sr.Adv.

JUDGMENT

V. Nath, J.—Heard Mr. K.N.Chaubey, the learned senior counsel appearing on behalf of the appellant. No body has appeared on behalf of the respondents.

2. By order dated 17.05.2004 the respondent no.13 and respondent no.14 have been added as party respondents in this appeal and by the order of the court the copies of the complete set of the brief had been directed to be served upon the Learned Advocate General by the appellants which, according to the appellants had been served. In the said order dated 17.05.2004 the Learned Advocate General had been directed to depute a Government Counsel to appear for respondent nos.1, 13 & 14 but none had appeared on their behalf when this appeal had been called out for hearing.

3. This appeal has been filed against the judgment and decree dated 08.07.1988 passed in T.A.No. 87/64 by the Additional District Judge I, Bhagalpur reversing the judgment and decree passed by Additional Sub Judge II, Bhagalpur in T.S.No. 59/58 on 25.07.1964.

4. This appeal has been admitted for hearing by order dated 22.03.1990 by this Court and the following substantial questions of law have been framed:--

(i)Whether the court was right in ignoring the possessory t










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