BHAGIRATHI BHAGAT Vs. LAKHAN LALL PODDAR

JUDGEMENT

(1.) This writ petition has been filed against the order dated 1.8.2009 passed by the learned District Judge, Lohardaga in Title Appeal No. 34 of 1994, allowing the petition dated 7.1.2009 filed on behalf of the respondent for reconstruction of missing exhibits.

(2.) It is submitted on behalf of the petitioner that earlier such prayers were rejected by the lower appellate court and moreover, there was limited remand by this Court in the Second Appeal.

(3.) Counsel for the respondents supported the impugned order and submitted that it was not necessary for the respondent to challenge the said orders passed in appeal, as he could challenge the said orders including the judgment and decree passed by the lower appellate court, in the Second Appeal filed by him and in the second appeal being S.A. No. 211 of 2002, the following substantial question of law was formulated on 1.7.2004:-