Smt. Sushma vs Smt. Pushpa
2022 Latest Caselaw 7675 MP

                                                                    1
                                             IN THE HIGH COURT OF MADHYA PRADESH
                                                           AT INDORE
                                                              SA No. 861 of 2022
                                                       (SMT. SUSHMA Vs SMT. PUSHPA AND OTHERS)

                                Dated : 13-06-2022
                                       Shri C L Yadav, learned Senior Advocate with Shri Shyam Singh Thakur,

                                learned counsel for the appellant(s).

                                       Heard on the question of admission.
                                       The appeal is admitted for hearing on the following substantial questions
                                of law:-

                                       1. Whether the learned First Appellate Court has committed an error
                                passing impugned judgment and decree contrary to the pleading and evidence
                                and therefore perverse?
                                       2. Whether the learned Lower Appellate Court has committed an error
                                holding that plaintiff has failed to prove gift deed Ex.P-09?
                                       3. Whether the learned First Appellate Court has committed an error
                                allowing an application u/O 41 Rule 27 C.P.C.filed by the defendants at the
                                appellate stage and relying the documents produce along with an application
                                without proving by evidence and without giving an opportunity to the

                                plaintiff/appellant?
                                       4. Whether the learned First Appellate Court has committed an error
                                passing impugned judgment and decree that suit filed by the plaintiff is not
                                maintainable because non-joinder of necessary party?
                                        Let notices be issued to the respondent(s) on payment of process fee

within a week. Notices be made returnable within six weeks. Signature Not Verified SAN

Also heard on I.A.No.2389/2022, which is an application for stay. Digitally signed by MONI RAJU Date: 2022.06.14 10:50:47 IST

Till the next date of hearing, status-quo as it exists today be maintained.

Certified copy, as per rules.

(SUBODH ABHYANKAR) JUDGE

moni

Signature Not Verified SAN

Digitally signed by MONI RAJU Date: 2022.06.14 10:50:47 IST