How is Ritu restriction of the high court greater than the supreme court?
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH RESERVED AFR Case :- SECOND APPEAL No. - 451 of 2000 Appellant :- Ganga Prasad Respondent :- Munna Lal & Others Counsel for Appellant :- Mohammad Aslam Khan,Mukesh Kumar Sharma Counsel for Respondent :- N.N.Jaiswal,Daya Shanker Tripathi,Umajeet Gupta Hon'ble Ritu Raj Awasthi, J.
Heard Mohd.Arif Khan, learned Senior Advocate assisted by Mohd. Aslam Khan, learned counsel for the appellant and Mr. Daya Shanker Tripathi, learned counsel for the respondents.
The second appeal has been filed under Section 100 C.P.C. against the judgment and decree dated 23.9.2000 passed in Civil Appeal No.110 of 1995; Ganga Prasad Vs. Munna Lal & others arising out of the judgment and decree dated 7.10.1995 passed in Civil Suit No.259 of 1990; Smt. Sahodara Vs. Munna Lal & others, whereby the suit for cancellation of a Will Deed dated 7.1.1987 filed by the appellant/plaintiff was dismissed and the appeal preferred by the appellant/plaintiff was also dismissed.
As per the facts of the case as borne out from the records, Smt. Sahodara (predecessor in interest) of present appellant Ganga Prasad had filed the suit for cancellation of Will Deed dated 7.1.1987 basically on the ground that the said Will Deed is based on fraud, forgery and deceit. There was no reason for execution of the alleged Will Deed in favour of respondent no.1 by Smt. Nand Rani, the mother of the appellant/plaintiff.
Heard Mohd.Arif Khan, learned Senior Advocate assisted by Mohd. Aslam Khan, learned counsel for the appellant and Mr. Daya Shanker Tripathi, learned counsel for the respondents.
The second appeal has been filed under Section 100 C.P.C. against the judgment and decree dated 23.9.2000 passed in Civil Appeal No.110 of 1995; Ganga Prasad Vs. Munna Lal & others arising out of the judgment and decree dated 7.10.1995 passed in Civil Suit No.259 of 1990; Smt. Sahodara Vs. Munna Lal & others, whereby the suit for cancellation of a Will Deed dated 7.1.1987 filed by the appellant/plaintiff was dismissed and the appeal preferred by the appellant/plaintiff was also dismissed.
As per the facts of the case as borne out from the records, Smt. Sahodara (predecessor in interest) of present appellant Ganga Prasad had filed the suit for cancellation of Will Deed dated 7.1.1987 basically on the ground that the said Will Deed is based on fraud, forgery and deceit. There was no reason for execution of the alleged Will Deed in favour of respondent no.1 by Smt. Nand Rani, the mother of the appellant/plaintiff.
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