Subhash vs Smt. Shanta
2022 Latest Caselaw 2518 MP

                                                                           1
                                                The High Court Of Madhya Pradesh
                                                          SA No. 1862 of 2021
                                                               (SUBHASH Vs SMT. SHANTA AND OTHERS)

                                   Indore, Dated : 22-02-2022
                                            Shri Ajay Jain, learned counsel for the appellant.

                                            Shri Somesh Gobhuj, learned counsel for the respondent No.1.

Shri Hemant Sharma, learned PL for the State. Heard on the question of admission. This second appeal is admitted for final hearing on the following substantial questions of law:-

(1) Whether, the first appellate court has erred in law by not following the procedure prescribed under Order 41 Rule 28 CPC and by not remanding the matter before the trial Court for taking additional evidence after taking document on record under Order 41 Rule 27 CPC?

(2) Whether, the judgment of lower appellate court was not in consonance of law laid down by Hon'ble Supreme Court in the matter of H.P. Vedavyasachar Vs. Shivshankara, 2010(1) MPLJ 315?

Registry is directed to list the appeal for final hearing in due course.

(ANIL VERMA) JUDGE

trilok

Signature Not Verified SAN

Digitally signed by TRILOK SINGH SAVNER Date: 2022.02.22 18:44:48 PST