LAWS(ALL)-1983-10-34

PREMLATA SHARMA Vs. BHAGWAT PRASAD SHARMA

Decided On October 20, 1983
Premlata Sharma Appellant
V/S
BHAGWAT PRASAD SHARMA Respondents

JUDGEMENT

(1.) DOUBTING the correctness of a decision reported in Indraj v. Smt. Shanti : 1978 AWC 314 a learned Single Judge made reference of the following question to the Full Bench:

(2.) THE aforesaid question raises two controversies. The first is about maintainability of a second appeal as against a decree of the lower appellate Court passed Under Section 28 of the Hindu Marriage Act and the second is of limitation for filing a second appeal in the High Court.

(3.) IN the second appeal, a preliminary objection to its maintainability was raised by Respondent No. 1. The Appellant controverted the preliminary objection by relying on the decision in Indraj v. Shanti : 1978 AWC 314, casting doubt on the correctness of the view taken in that case, the present reference has been made.