SUNDAR YADAV Vs. ASHA KUMARI

JUDGEMENT

(1.) APPEAL has been sent by the Office for hearing under Order XLI, Rule 11 of the Code of Civil Procedure (the Code, in short). From Order dated 11.2.1998 it appears that this appeal was placed before court for a similar hearing and R.N. Sahay, J., as his Lordship then was, heard the matter and had framed substantial questions of law and had ordered for calling for the lower court records which, this court is informed, have been received, and also ordered issuance of notices to the respondents. However, by office notes dated 12.12.2003 this matter has again referred to the Bench for hearing this appeal under Order XLI, Rule 11 of the Code of Civil Procedure. The learned counsel for the appellants as well for the respondents who were issued appeal -notices by order dated 11.2.1998, submitted that since it was not specifically mentioned in the aforesaid order that this appeal was admitted, the office has not treated this second appeal to have been admitted.

(2.) ORDER XLI, Rule 11, and section 100, of the Code run as follows:

(3.) BY order dated 11.2.1998 this court had ordered for hearing of this second appeal on the substantial questions of law that were framed. There is no need to record any formal order, in such circumstance, declaring the admission of the appeal in the formal way.