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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
State of Jharkhand through the Deputy Commissioner – Appellant
Versus
Krishna Singh @ Dr. Sri Krishna Singh, Son Of Late Parmeshwari Singh – Respondent
| Table of Content |
|---|
| 1. overview of appeals against judgment (Para 1 , 16 , 17 , 18) |
| 2. appellants' arguments regarding limitation (Para 4 , 6 , 7 , 8) |
| 3. arguments regarding section 80 cpc (Para 9 , 10 , 12 , 13 , 14) |
| 4. plaintiffs' case and claims (Para 22 , 23 , 24) |
| 5. court's analysis on limitation and notice requirements (Para 32 , 33 , 34 , 36 , 49 , 50) |
| 6. court's view on concurrent suits and discretion of revenue officer (Para 67 , 68 , 69 , 70 , 71) |
| 7. conclusions on appeals and proceedings (Para 76 , 78 , 79 , 80) |
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. These appeals have been filed against the judgment dated 03rd January, 2019 passed by the learned Principal District Judge, Dhanbad in Civil Miscellaneous Appeal No.17 of 2018 whereby the learned appellate court has allowed the appeal filed by the plaintiff and has reversed the order dated 24.03.2018 passed by Revenue Officer, Dhanbad in suit bearing case No. 18 of 2011. The Revenue Officer, Dhanbad had dismissed the suit seeking rectification of the finally published record of rights. Both the appeals arise out of the same impugned judgement passed by the appellate court under Section 87 (2) of the Chotanagpur Tenancy Act, 1908 (herei
The time for suit initiation under the Chotanagpur Tenancy Act begins at the record publication date, not knowledge. Claims are dismissed for failure to comply with limitation and notice requirements....
The main legal point established in the judgment is the duty of the court to scrutinize the averments in the plaint and the documents relied upon to ascertain the existence of a cause of action. Addi....
A plaint can be rejected under Order VII Rule 11 for non-disclosure of cause of action and being barred by limitation if claims are based on prior known events.
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