Premkunwarbai @ Prayagbai vs Deced. Bhagwantibai (Formal ...
2022 Latest Caselaw 3204 MP

          THE HIGH COURT OF MADHYA PRADESH
                                     SA No. 945/21

Indore, Dated: 7.3.2022

       Shri M.A. Mansoori learned counsel for appellant.
       Heard on admission.
       Appeal is admitted for final hearing on following substantial
questions of law:-
      1/      Whether under the facts and circumstances of the
      case, dismissal of counter claim seeking relief of partition,
      can be said to be proper in terms of Order 8 Rule 6A(2),(3)
      and (4) of the Code of Civil Procedure, 1908?
      2/      Whether the learned lower appellate court was
      justified in condoning the inordinate delay occurred in
      filing the appeal against the judgment of trial court without
      hearing the present appellant?
      3/      Whether under the facts of the case, the learned
      lower appellate court was justified in allowing the
      application submitted by the respondents under Order 41

Rule 27 of CPC and further in not adopting the procedure prescribed under Order 41 Rule 28 of CPC after allowing the same?

Issue notice to the respondents on payment of PF within 7 days. Notices be made returnable within eight weeks.

(Anil Verma) Judge BDJ

Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2022.03.07 17:52:17 +05'30'