Court May Formulate Any Substantial Question Of Law Even If It Is Not In Memorandum Of Second Appeal: Jharkhand HC
|The Jharkhand High Court observed that, under Section 100 of the Code of Civil Procedure, the court may formulate any substantial question of law arising between the parties, even if it has not been included in the memorandum of the Second Appeal.
The Court was hearing a Second Appeal seeking to challenge the judgment and decree passed in Civil Appeal whereby the Title Suit filed by the Petitioner was dismissed.
The bench of Acting Chief Justice Shree Chandrashekhar observed, “Under Section 100 of the Code of Civil Procedure the Court may formulate any substantial question of law which arises between the parties even though the same has not been formulated in the memorandum of Second Appeal.”
Brief Facts-
The appellant Paitar Mandal was plaintiff in a title suit which was instituted by him for a declaration as regards his valid and subsisting title and the confirmation of possession over the subject land. The suit and the subsequent appeal was dismissed by the Court. Hence, this second appeal.
The Court found that no substantial questions of law arose between the parties.
The Court noted that the plaintiff did not aver and establish the date since when he was in possession over the suit property hostile to the title of the landlord.
According to the Court to claim title through prescription, the plaintiff is required to demonstrate that 12 years in the past this fact was brought to the knowledge of the landlord that he was exercising ownership rights hostile to the right of the owner.
Accordingly, the Court noted that findings recorded by the Courts below are based on proper appreciation of the materials on record and not even a question of law arises in this case.
Finally, the Court dismissed the Second Appeal.
Cause Title: Paitar Mandal v. State of Jharkhand
Appearance:
Appellant: Adv. Kumar Nischay
Respondent: AC to SC-I Krishna Kumar Bhatt