Badrilal Brahmin vs Rameshwar
2021 Latest Caselaw 5952 MP

          1

              THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH
                                           S.A.No.1218-2020



          Indore, Dated: 23/09/2021
                  Shri Vinay Gandhi, learned counsel for the appellant.
                  Ms. Anuradha Bagadiya, learned counsel for the respondent

No.1.

Shri Ranjeet Sen, learned Govt. Advocate for the respondent No.5/State.

Record of the lower courts is available. Heard on the question of admission. The appeal is admitted on the following substantial questions of law:-

1. Whether the learned courts below committed a grave error of law in not following the ratio laid down by the Hon'ble Hight Court of Nagpur in the case of Sheonarayan Vs. Kanhaiyalal (AIR 1948 Nag 168) and followed by our own Hon'ble High Court in the case of Mohanlal vs. Union of India (1962 MPLJ 269), when the defendant remained exparte in the matter?

2. Whether the learned Appellate Court committed a grave error of law in rejecting the application of the Appellant under Order 41 Rule 27 CPC praying for report of the handwriting expert on sale deed dated 15 April 1997 which was the sole ground for dismissal of the suit by the trial court as reflected in paragraph 8 of its judgment dated 10 April 2018?

Let notices be issued to the respondent Nos. 2 to 4 on payment of

process fee within a week. Notices be made returnable within six

weeks.

List after service of notices on the respondents.

(SUBODH ABHYANKAR ) JUDGE

moni

Digitally signed by MONI RAJU Date: 2021.09.24 09:54:44 +05'30'