Allahabad High Court · 2025-01-16
SECOND APPEAL No. 12 of 2018 at Allahabad
- Citation / case number
- SECOND APPEAL No. 12 of 2018 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- SECOND APPEAL No. 12 of 2018 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
A.F.R. Court No. - 36 Case :- SECOND APPEAL No. - 12 of 2018 Appellant :- Prem Chand Deceased And 3 Othrs. Respondent :- Charat Kumar Bansal Counsel for Appellant :- Jagdish Prasad Mishra,Prem Prakash Chaudhary Counsel for Respondent :- Nipun Singh,Sumit Daga Hon'ble Kshitij Shailendra,J. ON THE ISSUE OF SUMMONING VIS-A-VIS RETAINING OR RETURNING THE ORIGINAL RECORD 1. Shri Sumit Daga, learned counsel for the respondent, raised an issue which prima facie appears to be quite small, but has a significant value. The matter is being treated as of general importance qua a limited issue that is coming up before this Court in many cases. 2. The case was mentioned in the morning, not for the purposes of its hearing as the time constraints otherwise do not allow hearing of the matter today, but making a prayer as regards return of the original record of the first Appellate Court and the trial court which, earlier, had been summoned by this Court without admitting the appeal. 3. Referring to the order dated 19.01.2018, it is contended that, till today, the instant appeal has not been admitted but the Court had summoned the original record seven years ago, and, on 07.03.2019, an order was pas