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1981 Supreme(Sikk) 5

MAN MOHAN SINGH GUJRAL, A.M.BHATTACHARJEE
Durga Prasad Pradhan – Appellant
Versus
Palden Lama – Respondent


Advocates:
S.R. Sarkar with B.C. Sharma, for Appellant, R.R. Aggarwal, for Respondent No. 1, Rangalal Subba, Respondent No.2, in person.

Judgement

BHATTACHARJEE, J :- The suit giving rise to this Second Appeal for the second time was decreed by the trial Court ex parte. The First Appeal therefrom to the Court of the District Judge was dismissed as time-barred, but the Second Appeal to this Court was allowed and the case was remanded to the Court of the District Judge for hearing the First Appeal on merits. The learned District Judge having again dismissed the First Appeal, though this time on merits, the appellant has again come up in Second Appeal before us.

2. The facts, shorn of details not necessary for our present purpose, may briefly be stated. The Principal Respondent Palden filed the suit against the proforma Respondent Rangalal and the Appellant Durga Prasad on the allegation that Rangalal agreed to sell the suit land to him, received a portion of the consideration money executed a sale deed in his favour and submitted the deed for registration in the office of the Registrar on 10-2-1973. In accordance with the Rules relating to registration of documents in force in Sikkim, notices were issued inviting claims or objections, if any, to such registration, notifying that the document would be registered on 11-3-






































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