Radhu vs Jhitra
2022 Latest Caselaw 5679 MP

      HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                               Second Appeal No.789/2022
                                (Radhu & Ors. Vs. Jhitra & Ors.)

Indore, dated 19/04/2022
               Shri Vinay Gandhi, learned counsel for the appellants.
               Heard on the question of admission.
               Counsel for the appellant placed reliance upon a judgment
delivered by the apex Court in the case of Mayandi Vs.
Pandarchamy & Another passed in Civil Appeal No.6424/2019 on
19/08/2019.
               The second appeal is admitted for final hearing on the
following Substantial Questions of Law:-
                "(1) Whether, the learned Courts below committed a grave error
                     of law in dismissing the suit of the plaintiffs/ respondent No.1

and 2 being barred under Order IX rule 9 of the CPC ? (2) Whether, the learned trial Court committed a grave error of law I not framing and deciding the issue of limitation particularly in light of Section 3 of the Limitation Act ? (3) Whether, the learned appellate Court committed a grave error of law in deciding the issue of limitation for the first time at the appellate stage, when no such issue was framed and decided by the learned trial Court ?" Let notice be issued to the respondents on payment of process fee within seven working days. Notices be made returnable within six weeks.

List the matter after six weeks.

(ANIL VERMA) JUDGE Tej Digitally signed by TEJPRAKASH VYAS Date: 2022.04.19 19:02:14 +05'30'