SADA NAND S/O KAMLAPATI (SINCE DECEASED) Vs. ISHWARI DUTT S/O BISHAN DUTT
LAWS(UTN)-2013-5-135
HIGH COURT OF UTTARAKHAND
Decided on May 14,2013

Sada Nand S/O Kamlapati (Since Deceased) Appellant
VERSUS
Ishwari Dutt S/O Bishan Dutt Respondents

JUDGEMENT

- (1.) This appeal is directed against the judgment and decree dated 02.04.2002 passed by Additional District Judge/Ist Fast Track Court, Nainital in Civil Appeal No.19/1992, whereby the said appeal was dismissed, confirming the judgment and decree dated 26.5.1992 passed by Additional Munsif, Haldwani, District Nainital, in original suit no.60/90.
(2.) It transpires that on 16.05.2002 while admitting the appeal, substantial question of law were not formulated; only notices were issued to the respondent on the substantial question of law. Therefore, in view of Section 100(4) of C.P.C., following substantial question of law is formulated, which arises for consideration in this appeal:- "Whether the courts below have erred in holding and misreading the evidence that Gool in plot no.74 exists in North of Plot No.73 -
(3.) Before deciding the substantial question of law, it is necessary to narrate brief facts of the case.;


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