Smt. Sushila Mehra vs Smita Colonizers And Builders ...
2022 Latest Caselaw 6554 MP

                                                                         1
                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                   SA No. 985 of 2018
                                          (SMT. SUSHILA MEHRA Vs SMITA COLONIZERS AND BUILDERS PVT. LTD. AND OTHERS)

                                     Dated : 02-05-2022
                                         Shri N.S. Ruprah, learned counsel for the appellant.
                                         Ms. Shobha Menon, learned Senior counsel with Ms. A. Verma
                                    learned counsel for the caveator.
                                             Heard on IA No. 1834/2022, an application for framing questions
                                    of laws common to SA No. 1178/2018.
                                         On due consideration, IA No. 1834/2022 is allowed.
                                          Also heard on the question of admission.
                                         Appeal filed by the appellant is admitted on following substantial
                                    questions of law: -
                                          "1.Whether civil suit can be filed on behalf of a dead person?
                                            2. Whether in absence of any proof to demolish the authenticity of
                                    signature of Mr. M.P. Padmanabhan on Ex.D1, the lower Appellate Court
                                    could declare Ex.D1 to be null and void?
                                              3. Whether all interim order merge into final order and can be
                                    challenged at the time of appeal against the final judgment? If yes, then
                                    whether appellate Court committed an error in not entertaining the
                                    objections in appeal raised by defendant- appellant?"
                                         As the respondents are already represented through their counsel, their

no separate notice is required.

Further heard on IA No. 5042/2018, an application under Order 41 Rule 5 of CPC.

It is directed that judgment and decree dated 27/01/2018 passed in RCA No. 16/2017 by First ADJ to the Court of 5th ADJ, Bhopal shall remain stayed till the next date of hearing.

List the appeal for final hearing in due course. Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

skt

Signature Not Verified SAN

Digitally signed by SANTOSH KUMAR TIWARI Date: 2022.05.06 17:27:50 IST