GARIBA Vs. ARJUN SAHU

JUDGEMENT

(1.) The substantial question of law formulated and to be answered by this Court in defendant's second appeal is as under:--

(2.) Questioning the legal acceptability and sustainability of the impugned judgment and decree dated 22/11/2010 passed by District Judge Kabirdham (Kawardha) in Civil Appeal No. 07-A/2010, instant second appeal has been filed by the appellant/defendant under Section 100 of the Code of Civil Procedure, 1908 (hereinafter called as "the CPC"), which has been admitted on substantial question of law formulated and recorded in the opening paragraph of this judgment.

(3.) Mr. Awadh Tripathi, learned counsel appearing for the appellant/ defendant would submit that concurrent finding recorded by two Courts below-holding that the marriage of defendant No. 1-Gariba with Lalatin Bai was not valid, and rather it is perverse being contrary to the record, and as such, liable to be set-aside.