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SUDHIR AGARWAL
Nagendra Nath Tiwari – Appellant
Versus
Bhanu Pratap Sinha – Respondent
Sudhir Agarwal, J.— Heard Sri Faujdar Rai, Advocate, assisted by Sri C.K. Rai, Advocate, for the appellants and Sri A.K. Goyal, Advocate, for respondents.
2. This is defendants Second Appeal under Section 100 of Code of Civil Procedure, 1908 (hereinafter referred to as “Code”).
3. Substantial questions of law, which have arisen in this case, are:
(1) Whether the Courts below are justified in granting relief to the plaintiff/respondent beyond what he has stated in the plaint? In other words, can relief be granted to a plaintiff beyond the claim set up by him in the plaint? .
(2) Whether the Courts below have granted relief to plaintiff-respondents in the present case beyond the assertions contained in the plaint and such decree whether is sustainable in law?
4. Plaintiff/respondent No.1 (impleaded as Respondent I set and hereinafter referred to as “plaintiff”) instituted Original Suit No. 694 of 1993 impleading six defendants, wherein present appellants were impleaded as defendants No.1, 4 and 6. The defendant/respondent No.2 to 4 (II set) were impleaded as defendants No.2, 3, and 5. All the defendants, except defendant No.1, are real brothers, being sons of Nagendra N
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