High Court of Judicature at Allahabad
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Ram Jiyawan v. Mst. Surahi - SECOND APPEAL No. 749 of 2006  RD-AH 18744 (6 November 2006)
Hon'ble Umeshwar Pandey, J.
Heard learned counsel for the parties.
The following substantial questions of law are formulated for decision in this appeal:
1. Whether the lower appellate court committed gross legal error in not considering the merits of the case of the plaintiff respondent and in result decreeing the suit on the basis of infirmity of evidence led from the side of the defendant?
2. Whether the plaintiff respondent herself did not provide sufficient evidence/material before the court for the purposes of obtaining the decree, as prayed for by her and still the suit has been decreed by the lower appellate court by recording reasons, which are superfluous?
No other substantial question of law is pressed or arises for decision in this appeal.
Office is directed to summon the original record from the court below within six weeks.
Till further orders, the operation of the decree challenged in this appeal shall remain suspended.
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