RANCHI, India, Feb. 7 -- Jharkhand High Court issued the following order on Jan. 6:

1. Heard the learned counsel appearing on behalf of the appellant.

2. This appeal has been filed against the judgment and decree dated 30.06.2021 and 09.07.2021 respectively passed by learned Principal District Judge, Hazaribagh in Civil Appeal (Title) No. 43 of 2019 whereby the learned 1st appellate Court dismissed the appeal and affirmed the judgment and decree dated 08.05.2019 and 22.05.2019 respectively passed by learned Civil Judge (Jr. Division)-IV, Hazaribagh in Title Suit No. 139 of 2013. The suit was dismissed, 1st appeal was also dismissed and consequently, the plaintiff no.2 is the appellant before this Court.

3. Learned counsel for the appellant has submitted that the learned trial court had primarily dismissed the suit by holding that there is no valid cause of action. He has referred to I.A. No. 70 of 2026 filed under Order XLI Rule 27 of the Code of Civil Procedure seeking to adduce additional evidence before this Court and has submitted that further case has been filed by the plaintiff who is the appellant before this Court being Case No. 520 of 2023. He submits that said proceeding under section 144 of Code of Criminal Procedure (in short 'Cr.P.C.') was initiated on 29.12.2023 and the case number was 520 of 2023. The learned counsel submits that there is an Anchal Amin report dated 26.12.2024 which is an important piece of evidence.

4. Learned counsel for the appellant has also referred to another I.A. No. 12328 of 2025 seeking to adduce additional evidence by referring to order dated 17.02.2022 passed in case no. 16 of 2021 by the Sub-divisional Magistrate, Sadar, Hazaribagh under section 147 of Cr.P.C. and has submitted that the said case was dropped by the authority by observing that the aggrieved parties may knock the door of civil court of competent jurisdiction for redressal of their grievances. The learned counsel has submitted that there is a valid cause of action and therefore, the judgments passed by both the learned courts holding that there was no valid cause of action, are perverse and accordingly, a substantial question of law be framed taking into account the aforesaid two petitions seeking to adduce additional evidence.

5. After hearing the learned counsel for the appellant, this Court finds that the suit was instituted as back as in the year 2013 showing the cause of action arose on 20.06.2013 and 05.12.2013. The plaintiff claimed adjudication of right, title and possession over schedule-A property and also made a prayer that Khas possession be given to the plaintiff over schedule-B property which is part and parcel of schedule-A property and it was prayed that the defendant be directed not to put any illegal construction over schedule-B property.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=QnBUxJ6a3gIx%2B5SFrUiAoBdnyp8uxaC3cJX8s%2BcDXPlfwQWQYgaqzexL2SuzS34o&caseno=SA/83/2021&cCode=1&cino=JHHC010309132021&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.