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2020 Supreme(Sikk) 22

MEENAKSHI MADAN RAI
Mahesh Agarwal – Appellant
Versus
Umesh Agarwal – Respondent


Advocates Appeared:
For the Appellant :Mr. N. Rai, Senior Advocate with Ms. Sushmita Gurung, Advocate.
For the Respondent:Mr. T. B. Thapa and Mr. Anmole Prasad, Senior Advocates with Mr. Ranjan Chettri, Mr. Sagar Chettri and Mr. Khemraj Sapkota, Advocates.

JUDGMENT :

Meenakshi Madan Rai, J.

1. In this Second Appeal, the Judgment and Decree, both dated 28.02.2019, in Title Appeal No.18 of 2017, is being assailed. By the impugned Judgment, the Learned First Appellate Court reversed the Judgment in Title Suit No.21 of 2013, dated 28.11.2017, by which the Learned Trial Court had dismissed the Suit of the Respondents herein.

2. The substantive questions of law framed for determination before this Court, are as follows;

    “1. Whether the Judgment of the learned First Appellate Court is based on misinterpretation of documentary evidence?

2. Whether a karta of a joint family needs a Power of Attorney to deal with the properties of Hindu Undivided Family?”

3. The Respondents No.1, 2 and 3 herein were the Plaintiffs before the Learned Trial Court and hereinafter they shall be referred to as the Plaintiffs/“P1,” “P2” and “P3.” The Appellants No.1, 2 and 3 herein were the Defendants before the Learned Trial Court. They shall be referred to as the Defendants/“D1,” “D2” and “D3” hereinafter.

4. The Suit was originally instituted as Civil Suit No.10 of

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