Jeevan Singh vs Manoj
2022 Latest Caselaw 6924 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                             SA No. 830 of 2022
                        (JEEVAN SINGH Vs MANOJ AND OTHERS)

Dated : 07-05-2022
      Jitendra Bharat Mehta, learned counsel for the Petitioner .

     Shri Jitendra Bharat Mehta, learned counsel for the appellant.

     Heard on the question of admission.

     The appeal is admitted on the following substantial questions of law:-

       (i) Whether the finding of lower appellate court regarding the
       suit is within time, is against the facts of the case and
       provision of Limitation Act?

       (ii) Whether the lower appellate court has erred in law in
       holding that the plaintiff / respondent No.1 was ready and

willing to perform his part of contract as per requirement of Section 16 of Specific Relief Act?

(iii) Whether under the facts and circumstances of the case, the lower appellate court has erred in law in holding that the plaintiff has proved the due execution of alleged agreement i.e. Ex.P-9 by overlooking the contradictions in evidence of plaintiff witnesses?

(iv) Whether the judgment and decree dated 25.01.2022 passed by the learned first appellate court, thereby reversing the judgment and decree dated 21.08.2019 passed by the trial court is sustainable in the law, facts and circumstances of the case?

Issue notice to the respondent on payment of P.F within 3 working days along with copy of substantial question of law formulated by this Court, appeal memo and I.A.No.2213/2022, an application under Order 41 Rule 5 CPC to stay the operation of the impugned judgment and decree dated 25.01.2022 passed by the Ist District Judge, Khategaon, district Dewas in Regular Civil Appeal No.22/2019.

Heard on I.A.No.2213/2022, an application under Order 41 Rule 5 CPC to stay the operation of the impugned judgment and decree dated 25.01.2022.

It is directed that the execution of impugned judgment and decree shall remain stayed till the next date of hearing.

C.c as per rules.

(AMAR NATH (KESHARWANI)) Digitally signed by HARI JUDGE KUMAR C G NAIR hk/ Date: 2022.05.09 19:48:17 +05'30'