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2018 Supreme(Pat) 220

CHAKRADHARI SHARAN SINGH
Krishna Prasad @ Krishna Sah, Son of Late Laxman Sah – Appellant
Versus
Kusum Devi, Wife of Sheo Shankar Sah – Respondent


Advocates Appeared:
For the Appellant : Mr. Waliur Rahman, Mr. Jai Kishore Sharma, Mr. Nishant Kumar Sinha

JUDGMENT AND ORDER :

1. The present second appeal has been placed under the heading ‘For Hearing under Order 41 Rule 11 CPC’.

2. I have heard learned Counsel for the appellant on the point of admission of the present second appeal.

3. According to learned Counsel for the appellant, the present second appeal involves several substantial questions of law, requiring determination by this Court.

4. The appellant was the defendant in Title Suit No. 303 of 2004, before the Trial Court. The Suit, filed by the plaintiffs respondent 1st set herein, for declaration of title and recovery of possession, was dismissed by judgment and decree, dated 21.05.2008, passed by learned Sub Judge III, Saran, at Chapra, which has been reversed by judgment and decree, dated 20.03.2017, passed by the learned Additional District Judge VI, Saran, at Chapra, in Title Appeal No. 36 of 2008, and has decreed the suit in favour of the respondent 1st set. The appellant herein is aggrieved by the said judgment of reversal passed by the appellate court below.

5. The case of the plaintiff, as explained in the plaint, was that the disputed suit property had fallen in the share of defendant no. 1-appellant, who, through sale
























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