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2005 Supreme(All) 2426
[2006(2) ADJ NOC 5 (All)]
ALLAHABAD HIGH COURT
BEFORE : MRS. POONAM SRIVASTAVA, J.
LAXMI SHANKER AND OTHERS ....APPELLANTS
Versus
SHYAM LAL .......PLAINTIFF
(Second Appeal No. 872 of 2005, decided on 13th December, 2005)
Advocates:
Counsel :
G.N. Srivastava, S.N. Srivastava, P.K. Srivastava, K.K. Tripathi for the Appellants; R.P. Singh, P.C. Srivastava for the Plaintiff.
Counsel :
G.N. Srivastava, S.N. Srivastava, P.K. Srivastava, K.K. Tripathi for the Appellants; R.P. Singh, P.C. Srivastava for the Plaintiff.
Headnote:Civil Procedure Code, 1908—Section 100—Second appeal—Sale letter—Validity of—Consideration supported by oral evidence and marginal witnesses—No substantial question of law arises worth consideration in appeal—Accordingly, dismissed.
It cannot be said that the trial Court committed any illegality in placing reliance on the sale-letter as it was not only signature on the sale-letter weighed in his mind while decreeing the suit. Besides the sale-letter, there were other considerations such as oral evidence of the plaintiff as well as the marginal witnesses, besides the payment made to the Financer and, therefore, the contention raised by the appellants does not show that any substantial question of law arises worth consideration in this appeal.
