Rohini Prasad vs Gangotri Prasad Mishra
2022 Latest Caselaw 8633 MP

                                                         1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    SA No. 712 of 2020
                                (ROHINI PRASAD AND OTHERS Vs GANGOTRI PRASAD MISHRA AND OTHERS)

                      Dated : 29-06-2022
                            Smt. Sanjna Sahni, learned counsel for the appellants.

                            Shri Siddharth Bhola, learned counsel for respondents 1,2 & 4.

Shri Anoop Sonkar, learned Panel Lawyer for respondent No.7/State. Heard on question of admission.

The appeal is admitted for final hearing on the following substantial questions of law:

(1) Whether due to death of plaintiff No.3/Ansuiya Prasad Mishra, appeal before lower Appellate Court had abated?

(2) Whether lower Appellate Court has erred in passing judgment and decree in favour of dead person? (3) Whether lower Appellate Court has erred in allowing the appeal after allowing the application under Order 41 Rule 27 of CPC by the impugned judgment itself that too without affording opportunity of rebuttal to the present appellants?

(4) Whether the suit filed by the plaintiffs with regard to land survey No.136 was barred by the provision of Benami Transactions (Prohibition) Act, 1988?

Heard on I.A. No.3415/2020, which is an application under Order 41 Rule 5 of CPC.

Learned counsel for the respondents prays for and is granted two weeks' time to file reply of I.A. No.3415/2020.

In the meantime, the interim order granted earlier shall remain in operation Signature SAN Not Verified till the decision of the said application under Order 41 Rule 5 of CPC.

Digitally signed by
RASHMI RONALD
VICTOR                      Heard on I.A. No.4504/2022.
Date: 2022.06.30
10:30:20 IST

After arguing for some time and in view of the order of admission passed today with regard to abatement of appeal before lower Appellate Court, the learned counsel for the appellants prays for withdrawal of I.A. No.4504/2022.

Accordingly, I.A. No.4504/2022 is dismissed as withdrawn. Learned counsel for the appellants is directed to supply copy of memo of appeal to the learned counsel for respondents No.1, 2, 4 & 7.

Let notice of final hearing and the aforesaid I.A. be issued to the respondent No.6 on payment of process fee within seven working days by both modes. If process fee is not paid within seven working days, the appeal shall stand dismissed without reference to the Court.

List the matter after service of notice.

(DWARKA DHISH BANSAL) JUDGE

RS