Inayat Mohammad Died Through ... vs Tajuddin Kha
2022 Latest Caselaw 3627 MP

                                                                           1
                                                   The High Court Of Madhya Pradesh
                                                             SA No. 137 of 2022
                                     (INAYAT MOHAMMAD DIED THROUGH LEGAL HEIRS SMT. VADRUNVI AND OTHERS Vs TAJUDDIN KHA
                                                                       AND OTHERS)

                                   Jabalpur, Dated : 14-03-2022
                                            Shri Bhanu Pratap Yadav, Advocate for the appellant.

                                            Ms. Chandra Kant Pal, Panel Lawyer for the respondent No.2/State.

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

(i) Whether the lower appellate Court can make out a new case, which

has not pleaded by the plaintiff as per under Order VII Rule 7 of CPC, could have passed decree in respect of properly which is not subject matter of lis ?

(ii) Whether the lower appellate Court committed an error of law in reversing the well reasoned judgment and decree passed by the trial Court ?

Issue notice to the respondent No.1 on payment of process fee within seven working days by both modes.

Notice be made returnable within four weeks. I n the meanwhile, parties are directed to maintain status-quo as it exists today.

List this case after four weeks.

Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

Vin**

Signature Not Verified SAN

Digitally signed by VINOD SHARMA Date: 2022.03.15 11:02:11 IST