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CHHATTISGARH HIGH COURT
Not Mentioned, J
Ganga Bai (Dead) Through Legal Representative (Plaintiff) Mahesh Kanwar v. Leela Bai and Others
| Table of Content |
|---|
| 1. plaintiff's claim for civil death based on husband's absence. (Para 2 , 3 , 4) |
| 2. arguments regarding the maintainability of the suit under section 34. (Para 5 , 6) |
| 3. interpretation of section 34 and requirement of recognizing legal character. (Para 7 , 8 , 9 , 10 , 12 , 18) |
| 4. court's reasoning on the necessity of a denial for declarations to be valid. (Para 26) |
| 5. dismissal of the second appeal and acknowledgment of legal representation. (Para 27 , 29) |
1. Proceedings of this matter have been taken - up for final hearing through video conferencing.
2. This second appeal preferred by original plaintiff - Ganga Bai has been admitted for final hearing on 15.9.2020 by formulating the following substantial question of law : -
"Whether the first appellate Court is justified in holding that the declaration sought for regarding the civil death of Bhagwat cannot be granted under S.34 of the Specific Relief Act, 1963 , by recording the finding which is perverse to the record?"
(For the sake of convenience, parties hereinafter will be referred as per their status shown and ranking given in the plaint before the trial Court.)
3. Original plaintiff - Ganga Bai was wife of defendan
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