2004 (1) TMI 731

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..... t a reversal decree passed by the first Appellate Court reversing the dismissal of the suit is the subject-matter of consideration by the second Appellate Court. Although no points were formulated by the Division Bench of this Court at the time of admission of the appeal but there can not be any embargo in formulating such points at the time of hearing as the law prescribes for the same. Therefore .....

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..... d piece of document. In the instant case, although all the parties are residence of city of Calcutta (Kolkata), but, I find that power-of-attorney was simply executed in the city of Bombay (Mumbai). There is no plausible reasoning in connection thereto. Therefore, such authenticated document can not be a valid piece of evidence under Section 85 of the Evidence Act. Section 33A of the Registration .....

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..... rt, unfortunately held that this can not be the solitary ground for refusing to grant relief in respect of specific performance of the contract. I have no semblance of doubt that such reasoning is not only wrong but also uncalled for. Therefore, I have no hesitation in my mind that the second appeal has been proceeded before this Court on the right substantial questions of law and shall be allowed .....

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