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2024 Supreme(Pat) 223

KHATIM REZA
Ram Prasad Das Son of Late Bhauli Das – Appellant
Versus
Deebakar Das son of Late Sukhdeo Das – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Raghib Ashan, Sr. Advocate with Md. Shahab Khalil, Advocate
For the Respondent:Mr. Abbas Haider, Advocate Mr. Wasi Mohammad, Advocate

JUDGMENT :

KHATIM REZA, J.

Heard learned senior counsel for the appellants and learned counsel for the respondents.

2. The instant Second Appeal has been filed against the Judgment of reversal dated 12.10.1999, passed in Title Appeal No.52/1992 (Tr. No.3/1996) by the 4th Additional District Judge, Purnea, whereby the learned Lower Appellate Court reversed the judgment and decree dated 15.09.1992, passed in Title Suit No.35/1990,by the learned Munsif, Sadar, Purnea whereby the suit filed by the plaintiffs- appellants was decreed.

3. In the present Second Appeal, the following substantial questions of law have been formulated for determination:-

    “(a) Whether the first appellate court was justified in not admitting the evidence regarding Municipal Survey Parcha which would have connected it with the old G.S. plots, and claimed as the suit plots as also regarding the amendment of the plaint with respect to the year of settlement ?

b) Whether the appellate court was justified in dismissing the suit of the plaintiff-respondents even after holding that the plaintiffs-respondents were found to be in possession of their names were recorded in the Municipal Survey records of right in the column of

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