Mo. Umer vs Ashfak Ahmad
2022 Latest Caselaw 16810 MP

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                                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                                  AT JABALPUR
                                                                     MA No. 4227 of 2022
                                                                    (MO. UMER Vs ASHFAK AHMAD)

                                       Dated : 19-12-2022
                                                Shri Lalji Kushwaha, Advocate for the appellant.

                                                Shri Sunil Simhal, Advocate for the respondent.

This Miscellaneous Appeal is filed by the plaintiff under Order 43 Rule 1

being aggrieved of judgment and decree dated 30.06.2022 passed by learned 3rd District Judge, Bhopal in Regular Civil Appeal No.47/2022 remanding the matter

to the Trial Court.

It is submitted that the issues which have been framed by the learned First Appellant Court are all questions of fact they were never raised before the Trial Court by the defendant Ashfaq Ahmed, therefore, the order of remand is illegal and contrary to the provisions contained in Order 41Rule 27 of CPC.

When Shri Sunil Simhal is asked to show from record that what return statement was filed by him before the trial Court and whether he had moved any application for framing of issues as have been framed by the learned Addtional District Judge, then he prays for time to bring those documents on record.

He is granted three weeks' time to do the needful but in the meanwhile, effect and operation of the impugned judgment dated 30.06.2022 shall remain stayed.

List in the week commencing 16.01.2023.

Signature Not Verified (VIVEK AGARWAL) SAN JUDGE Digitally signed by MOHD TABISH KHAN Date: 2022.12.20 19:31:32 IST Tabish