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2021 Supreme(All) 521

RAVI NATH TILHARI
Chandra Bhan Major – Appellant
Versus
Aditya Prakash – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mohd. Abid Ali, Avadhesh Kumar, Om Prakash Pandey, Onkar Nath Tiwari, R.N.Gupta
For the Respondent: R.S. Pandey, Chandra Bhooshan, R.S.Pandey

JUDGMENT :

1. Heard Sri Avadhesh Kumar, learned counsel for the review petitioner and Sri Chandra Bhooshan, learned counsel for opposite parties/respondents.

2. This review petition has been filed by the defendant appellants for review of the judgment and decree dated 14.08.2003 passed by this Court in Second Appeal no. 224 of 1986 in Re: Chandra Bhan and others versus Aditya Prakash and others, by which the defendant-appellants’ appeal was dismissed.

3. The review was admitted and the execution of the decree was stayed till the next date of listing, vide order dated 02.11.2006.

4. Sri Avadhesh Kumar, learned counsel for the review-applicant submits that the second appeal was an admitted second appeal, which could not be decided without framing any substantial question of law which is a mandatory requirement for decision of second appeal under Section 100 of the Code of Civil Procedure. He has placed reliance on the judgment of Hon’ble Supreme Court in the case of Nazir Mohammad vs. J. Kamala and Ors. [2020 (38) LCD 1969 (SC)].

5. The second appeal was admitted by order dated 02.04.1986, however, any substantial question of law was not framed, neither at the time of admission nor at any

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