1 SA-92-2022
The High Court Of Madhya Pradesh
SA No. 92 of 2022
(SHIVANI AND OTHERS Vs BHERULAL AND OTHERS)
Indore, Dated : 11-01-2022
Heard through Video Conferencing.
Mr Sameer Anant Athawale, learned counsel for the appellant.
Heard on the question of admission.
This appeal is admitted for hearing on the following substantial questions of
law:-
"01. Whether the counter claim of defendants 6 to 9 having been
filed on 28-02-2018 by stating the cause of action to have accrued for
filing of the same on 03-07-2017 could have been held to be barred by
time in view of filing of the written statement by them on 25-09-2017 ?
02. Whether the Courts below have committed an error of law
in misinterpreting the provisions of Order 8 Rule 6 (a) of the C.P.C and
by not taking into consideration the judgment of the Hon'ble Apex Court
in the matter of Mahendra Kumar and another Vs. State of M.P and
others, AIR 1987 SC 1395 ? "
Issue notice to the respondents on payment of process fee within a period of
two weeks alongwith copy of substantial questions of law.
Also heard on IA No. 200/2021, which is an application for stay. Issue notice of this application also to the respondents on payment of process fee as aforesaid.
Till next date of hearing, subject to hearing the other side, further proceedings in Civil Suit No.2-A/2012 pending before IInd Civil Judge Class-1, Jaora District Ratlam shall remain stayed.
Certified copy as per rules.
(PRANAY VERMA) JUDGE rashmi Signature Not Verified SAN Digitally signed by RASHMI PRASHANT Date: 2022.01.12 18:06:03 IST