Back
IN THE HIGH COURT OF CHHATTISGARH
SANJAY K. AGRAWAL, J
Jagdish and Another v. Mukund Kumari and Another
| Table of Content |
|---|
| 1. legal question of appeal limitation and affidavit requirements. (Para 1 , 1 , 2 , 3 , 4 , 5) |
| 2. arguments for and against appeal dismissal. (Para 6 , 7) |
| 3. court observations on affidavit requirements and prior rulings. (Para 8 , 9 , 10 , 13 , 14 , 16) |
| 4. ratio on curable defects in appeal processes. (Para 11 , 12) |
| 5. final ruling and directive for hearing on merits. (Para 17) |
1.The substantial question of law formulated and to be answered by this Court in the defendants - second appeal is as under: -
'Whether the lower appellate Court was justified in dismissing the appeal on the ground of limitation holding that no affidavit has been filed under O.41 R.3A(1) of the Code of Civil Procedure '
[For sake of convenience, the parties would be referred hereinafter as per their status shown in the plaint before the trial Court]
2. In a suit filed by respondent No. 1 / plaintiff, the trial Court by its judgment & decree dated 28.01.2015 passed in Civil Suit No. 14 - A / 2010, decreed suit granting declaration of title, partition, possession and permanent injunction in favour of the respondent No. 1 / plaintiff.
3. Feeling aggrieved & dissatisfied with the judgment & decree of
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
