Vijay Singh vs Ramshankar Choubey
2023 Latest Caselaw 10208 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                         SA No. 142 of 2023
                                                   (VIJAY SINGH Vs RAMSHANKAR CHOUBEY)

                          Dated : 05-07-2023
                                Shri Anuj Agrawal - Advocate for the appellant.

                                Heard on the question of admission.
                                On the point of admission, learned counsel for the appellant has relied
                          upon the judgment of Hon'ble Apex Court in the case of Smt.
                          Chandrakantaben vs. Vadilal Bapalal Modi and others reported in (1989)

                          2 SCC 630 and Ajit Savant Majagvai vs. State of Karnataka reported in
                          (1997) 7 SCC 110.
                                After perusal of the record of the court below and the judgment cited by
                          the learned counsel for the appellant, the appeal is admitted for final hearing on
                          the following substantial questions of law :-

                                           "(i)     Whether the learned First Appellate Court
                                     erred in disbelieving attesting witnesses on the ground that
                                     they were not aware about the transaction/contents of the
                                     Promissory Note (Ex.P-1) ?

                                           (ii)     Whether the learned First Appellate Court
                                     erred in substituting its own opinion over the definite
                                     opinion of handwriting expert ?
                                           (iii)    Whether the First Appellate Court erred in
                                     holding that despite of the fact that the defendant has not
                                     denied his signatures over Promissory Note (Ex.P-1) in
                                     his pleadings but since he has denied the same in his

Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 06-Jul-23
6:34:54 PM
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                                   evidence affidavit the same is sufficient ?"

                               Issue notice to the respondent along with memo of appeal, annexed

documents and substantial questions of law on payment of PF within seven working days.

Notice be made returnable within six weeks. List the case after six weeks.

(AMAR NATH (KESHARWANI)) JUDGE

sm

Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 06-Jul-23 6:34:54 PM