Mus. Punotin Bai vs Sewaram And Ors
2021 Latest Caselaw 759 Chatt

                        HIGH COURT OF CHHATTISGARH, BILASPUR

                                            Order Sheet

                                          SA No.240 of 2012

                             Mus. Punotin Bai Versus Sewaram And Ors




30/06/2021          Proceedings of the matter have been taken up through Video Conferencing.
                    Mr. Ravindra Agrawal, counsel for the appellant.
                    Mr. Shikhar Bakhtiyar, counsel for the respondents.

Mr. Sunil Otwani, Addl. AG for the State.

Heard on admission.

The appeal is admitted and shall be heard on the following substantial question of law:-

"Whether the First Appellate Court is justified in granting the defendants' application under Order 41 Rule 27 read with Section 151 of CPC by judgment and decree dated 11.04.2012, thereby relying on the said additional documents granting appeal without affording opportunity of hearing to the appellant/plaintiff to file documents in rebuttal and without requiring the defendants to prove those documents in accordance with law by recording a finding perverse to the record?"

Issue notice to the respondents.

Mr. Bakhtiyar accepts notice for the respondent Nos.1 & 2 and Mr. Otwani accepts notice for the respondent No.3, therefore, PF is not required.

Copy of memo of appeal along with substantial question of law be supplied to counsel for the respondents within 7 days and the matter be listed for final hearing in the week commencing 19.07.2021, as short point is involved in the matter.

Sd/-

                                                                       (Sanjay K. Agrawal)
  Nirala                                                                      Judge