Kamlesh Kumar vs Smt. Laxmi Jain
2022 Latest Caselaw 4033 MP

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               IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
                                           SA No. 4 of 2022
                         (KAMLESH KUMAR AND OTHERS Vs SMT. LAXMI JAIN AND OTHERS)

         Dated : 23-03-2022
                Shri Abhishek Singh Bhadoria, learned counsel for the appellants.
                Shri N.K. Gupta, learned Senior Counsel with Shri S.D. Singh, counsel for

         the respondents.

Heard learned counsel for the parties on the question of admission. The appeal being arguable is admitted for final hearing on the following substantial questions of law:

"1. Whether the Courts below erred substantially in decreeing the counter-claim of the respondents/defendants No. 1 to 3, on account of admission made by defendant No. 4 Veerendra Kumar, which is not binding on plaintiffs under the provisions of Section 18 of the Evidence Act.

2. Whether the Courts below erred substantially in holding the agreement Exb. P-56 to be inadmissible even for collateral purpose"

List the case for final hearing in due course.

Meanwhile, the effect and operation of the impugned judgment and decree dated 22/1/2020 passed by Seventh Civil Judge, Class-I, Gwalior in R.C.S.A. No.36/2015 and judgment dated 15/12/2021 passed by Third Additional District Judge, Gwalior in R.C.A. No.42/2020 shall remain stayed till next date of hearing.

ALOK KUMAR
2022.03.25
15:52:28
                                                                          (SUNITA YADAV)
+05'30'                                                                       JUDGE
11.0.23

         AKS