Nanalal vs Bhojraj
2022 Latest Caselaw 2217 MP

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                                                The High Court Of Madhya Pradesh
                                                          SA No. 1081 of 2021
                                                                 (NANALAL Vs BHOJRAJ AND OTHERS)

                                   Indore, Dated : 17-02-2022
                                            Shri Satish Jain, learned counsel for the appellant.

                                            Shri Yash Pal Rathore, learned counsel for respondents No.1 to 3.

Heard on admission.

This second appeal is admitted on the following substantial questions of law:-

(1) Whether, the learned courts below committed legal error by holding the

suit as time barred, without considering the cause of action of present suit and liberty granted by courts below?

(2) Whether, the appellate court committed legal error by holding the suit as barred by res judicata, especially when the cause of action relief prayed and parties involved are different in present matter?

(3) Whether, the courts below committed legal error by dismissing appellant's application under Order 11 Rule 12 & 14 of CPC for calling the map and other applications under Order 13 Rule 10 CPC for calling the complete record of earlier suit?

(4) Whether, the judgment and decree passed in earlier suit is illegal and based on fraud, especially when no approved maps or permission from Municipality was filed?

Let notice be issued to the respondents No.4 to 8 on payment of PF within 7 days. Notices be made returnable within 8 weeks.

IR shall remain continued till the next date of hearing.

(ANIL VERMA) JUDGE

Signature Not Verified trilok SAN

Digitally signed by TRILOK SINGH SAVNER Date: 2022.02.18 18:59:41 PST