SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2016 Supreme(All) 4037

ADITYA NATH MITTAL
Ram Asrey (Second Appeal 925/1979) – Appellant
Versus
Anara – Respondent


Advocates Appeared:
For the Petitioner: Onkar Nath Tiwari,Ashutosh Singh

JUDGMENT

Aditya Nath Mittal, J. -- Heard learned counsel for review petitioner, learned counsel appearing for the opposite parties and perused the record.

2. This review petition has been preferred against the judgment and order dated 04.05.2015 passed by this court in Second Appeal no.925 of 1979, whereby the appeal was allowed. The operative portion of the order, on reproduction, reads as :

"From the aforesaid discussion, it is clear that the plaintiff and the defendant stood in a fiduciary relationship and the said gift deed was got executed by exercising undue influence and fraudulent misrepresentation. Learned trial court has considered each and every aspect of the said transaction. His findings are more close to the pleadings and evidence on record while the findings of learned first appellate court are far away from the pleadings and evidence on record. Although, it has not been argued but it is also relevant to mention that the learned first appellate court has not formulated the points for determination in view of the provisions of Order XLI Rule 31 of the C.P.C.

In view of above, the judgment and order dated 4.9.1979 passed by the first appellate court is liable to be set

























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top