Abdul Hameed S/O Abdul Kalam vs Abdul Aleem Khan S/O Abdul Kalam ...
2021 Latest Caselaw 13311 Bom

2.SA.64.2020.                                                                                                  1/1


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   NAGPUR BENCH, NAGPUR

                                        Second Appeal No.64/2020
           Abdul Hameed s/o Abdul Kalam Vs. Abdul Aleem Khan s/o Abdul Kalam Khan
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                               Court's or Judge's Orders
or directions and Registrar's orders.
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                 Shri. S.S. Bhalerao, Advocate for the Appellant.
                 Shri S. Raisuddin, Advocate for the Respondent.

                 CORAM : S.M. MODAK, J.

DATE : 16th SEPTEMBER, 2021.

Though the appellant has not suggested the substantial question of law on the point of limitation (suit being barred), the appellant wants to incorporate that ground in the appeal memo. According to the appellant, the issue of limitation can be raised even at an appellate stage. In support of that, the appellant relied upon a judgment in the case of State of Gujarat Vs. M/S. Kothari and Associates reported in (2016) 14 SCC 761.

02] The appellant is at liberty to move an application for amending the substantial question of law. The appellant is also at liberty to file copy of plaint, written statement and exhibited documents on which the appellant wants to rely upon.

03] The matter be kept on 23rd September, 2021.

JUDGE

vijay