Satishchand Jain vs Ramcharan Patel
2022 Latest Caselaw 16768 MP

                                                                 1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                           SA No. 1899 of 2022
                                               (SATISHCHAND JAIN AND OTHERS Vs RAMCHARAN PATEL)

                            Dated : 16-12-2022
                                   Shri Dr. Anuvad Shrivastava, Advocate for appellant.

                                   Heard on the question of admission.
                                   The appeal is admitted for final hearing on the following substantial
                            questions of law:-
                                   " 1. Whether learned first appellate Court has erred in reversing the

                            judgment & decree of trial Court just contrary to the law settled by Supreme
                            Court in the Case of Santosh Hazari Vs. Purushottam Tiwari (Dead) by Lrs
                            (2001) 3 SCC 179 ?
                                   2. Whether learned first appellate Court has erred in dismissing the suit
                            beyond the pleadings and relief claimed by the plaintiff ?
                                   3.     Whether Court can travel beyond the pleadings and relief claimed in
                            the suit ?"
                                   Also heard on I.A. No. 9467/2022.
                                   In the light of impugned decree, this I.A. is not maintainable and is

                            hereby dismissed/closed.
                                   Issue notice of final hearing alongwith the copy of substantial questions
                            of law to the respondent on payment of process fee by both the modes within a

period of seven working days, failing which, the appeal shall stand dismissed without further reference to the Court.

If appeal survives, list for final hearing after service of notice on the respondents.

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 12/16/2022 4:51:42 PM

(DWARKA DHISH BANSAL) JUDGE Pallavi

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 12/16/2022 4:51:42 PM