Shailesh Vaidh vs Devendra Bopche
2021 Latest Caselaw 3702 MP

                                                                            1                                SA-983-2019
                                               The High Court Of Madhya Pradesh
                                                           SA-983-2019
                                                                (SHAILESH VAIDH Vs DEVENDRA BOPCHE)

                                       4
                                       Jabalpur, Dated : 29-07-2021
                                             Heard through Video Conferencing.
                                             Shri Vinod Kumar Dubey, counsel for the appellant.
                                             Heard on admission as well as on I.A. No. 4138/2019 filed under
                                       Order 41 Rule 5 of the C.P.C.
                                             The appeal is admitted for hearing for considering the following

                                       substantial questions of law :-

                                                   ( i ) .      Whether the learned appellate Court is right in
                                            rejecting the application and appeal on the ground of barred of
                                            time/limitation ?
                                                   (ii).     Whether the learned court below is justified in holding
                                            the appeal barred by time without recording evidence as to reason
                                            sufficiently and amply stated causing bonafide delay on part of
                                            appellant ?

                                                   (iii). Whether the order impugned so passed rejecting the
                                            application/appeal on technical/mechanical ground is perverse ?



                                             Issue notice to the respondent by both modes on payment of P.F.

within one week failing which this appeal shall stand dismissed without further reference to the Bench.

Notice be made returnable within four weeks. By way of interim measure, operation of the impugned judgment and decree shall remain stayed till the next date of hearing, subject to deposit of the decreetal amount by the appellant before the trial Court within a period of four weeks from today.

Signature Not Verified The amount so deposited cannot be withdrawn without prior SAN

Digitally signed by VAIBHAV YEOLEKAR Date: 2021.07.30 11:28:50 IST 2 SA-983-2019 permission of this Court.

C. C. as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

vy

Signature Not Verified SAN

Digitally signed by VAIBHAV YEOLEKAR Date: 2021.07.30 11:28:50 IST