Pramod Agnihotri vs Shri Ashok Kuamr Jain
2023 Latest Caselaw 21321 MP

Madhya Pradesh High Court

Pramod Agnihotri vs Shri Ashok Kuamr Jain on 13 December, 2023

Author: Hirdesh

Bench: Hirdesh

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        SA No. 1906 of 2019
                                    (PRAMOD AGNIHOTRI AND OTHERS Vs SHRI ASHOK KUAMR JAIN AND OTHERS)

                           Dated : 13-12-2023
                                 Shri Amit Khatri - Advocate for the appellant.

                                 Shri D.K. Tripathi - Advocate for the respondent No.1.

Shri Aman Patel - P.L. for the respondent/State.

Heard on the maintainability.

Counsel for the respondent submitted that in present case, first appellate

Court remanded the case for trial to the trial court.

On the other hand counsel for the appellant submitted that trial court held that suit was barred by res judicata. Plaintiff/respondent filed the appeal before the first appellate court and appellate court accepted the appeal of the respondent/plaintiff and found that this suit was not barred by res judicata. This case is not case of remand order it is full fledged order.

Heard the parties and perused the record.

After perusing the record of first appellate court it is found that arguments of appellant is just and proper it is not the remand order and this

second appeal is maintainable against judgment of first appellate court. Objection raised by the respondent is ruled out.

Let the case be fixed for admission after six weeks.

(HIRDESH) JUDGE

Akm