Mandir Shri Mahaveer Ji Devrikalan ... vs Rajkumar Das
2023 Latest Caselaw 20880 MP

Madhya Pradesh High Court

Mandir Shri Mahaveer Ji Devrikalan ... vs Rajkumar Das on 11 December, 2023

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                         SA No. 168 of 2017
                             (MANDIR SHRI MAHAVEER JI DEVRIKALAN BHITARWAR THR. Vs RAJKUMAR DAS AND OTHERS)

                           Dated : 11-12-2023
                                 Shri Abhishek Bhadauriya - Advocate for the appellant.

                                 None for respondents No.1 to 5 despite service of notice.

Shri Sushant Tiwari - learned Government Advocate for respondent No.6/State.

Record is received.

Heard on the question of admission.

This second appeal under Section 100 of the Code of Civil Procedure, 1908 has been filed against the judgment and decree dated 15/12/2016 passed by 2nd Additional District Judge, Dabra, District- Gwalior (M.P.) in Civil Appeal No.8-A/2016 arising out of the judgment and decree dated 18/07/2016 passed by 1st Civil Judge, Class-II, Bhitarwar, District - Gwalior (M.P.) in Civil Suit No.22-A/2014.

The appeal involves and is admitted on the following substantial questions of law;

"1.Whether, lower Appellate Court was justified in dismissing the application under Order 41 Rule 27 of CPC that too without considering nature of the document sought to be produced in additional evidence genuineness of which was not doubtful ?

2. Whether, lower Appellate Court has erred in dismissing the application filed under Order 6 Rule 17 of CPC based on subsequent events?"

List the case in due course.

(AVANINDRA KUMAR SINGH)

JUDGE rahul