Shri Pushparaj Singh vs Dr. Naresh Chandra Chourasiya
2021 Latest Caselaw 96 MP

                                                                        1                               SA-1520-2020
                                            The High Court Of Madhya Pradesh
                                                        SA-1520-2020
                                            (SHRI PUSHPARAJ SINGH Vs DR. NARESH CHANDRA CHOURASIYA AND OTHERS)

                                   2
                                   Jabalpur, Dated : 23-02-2021
                                           Shri Abhijeet Awasthi, learned counsel for the appellant.
                                           Record of Courts below have been received.
                                           Heard on the question of admission.
                                           Having heard, perused the records and the impugned judgments, this
                                   appeal is admitted for final hearing on the following substantial questions of

                                   law.
                                                 "A. Whether the Courts below erred in placing burden upon
                                          plaintiff to prove the plausible defense of defendants ?
                                                 B. Whether the facts admitted by the defendants on affidavit,
                                          before the Revenue Court and Civil Suit instituted among other parties,
                                          needs to be established yet again in subsequent proceedings ?
                                                 C. Whether the additional document produced by the
                                          appellant/plaintiff goes to the root of the matter and same is necessary to
                                          decide the case, whether the lower Appellate Court wrongly rejecting the

                                          same ?
                                                 D. Whether the defendants, who have chosen to remain absent
                                          from the proceedings, can be rewarded by enhancing the standard of
                                          proof for plaintiff ?
                                                 E. Whether the Courts below erred in law and fact by dismissing
                                          the suit presented by the plaintiff ?
                                                 F. Whether the Courts below ought to have allowed the civil suit
                                          instituted by plaintiff on the ground of uncontested pleadings and
                                          established facts in previous civil proceedings ?
                                           Issue notice of this admission along with copy of framed substantial
                                   questions of law to the respondents on payment of PF within one week by

Signature Not Verified SAN both modes, returnable by four weeks.

Digitally signed by KAFEEL AHMED ANSARI Date: 2021.02.23 17:52:08 IST 2 SA-1520-2020 A s an interim measure, both the parties are directed to maintain the status-quo as it exists today, till the next date of hearing.

List after four weeks.

(AKHIL KUMAR SRIVASTAVA) JUDGE

kafeel

Signature Not Verified SAN

Digitally signed by KAFEEL AHMED ANSARI Date: 2021.02.23 17:52:08 IST