Shyamlal vs Lalji @ Lallu Vishwakarm
2023 Latest Caselaw 8954 MP

                                                                 1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          SA No. 1392 of 2018
                                            (SHYAMLAL Vs LALJI @ LALLU VISHWAKARM AND OTHERS)

                          Dated : 16-06-2023
                                 Shri R.P.Khare, Advocate for appellant.

                                 Shri Gajendra Parashar, Panel Lawyer for respondent-State.

Heard on the question of admission. The appeal being arguable is admitted for final hearing on the following substantial questions of law:

"1 . Whether learned first appellate Court has erred in reversing the judgment and decree of trial Court just contrary to the law laid down by the Supreme Court in the case of Santosh Hazari Vs Purushottam Tiwari (Dead) By LRs (2001) 3 SCC 179?.

2 . Whether learned first appellate Court has erred in allowing the application under Order 41 Rule 27 CPC and further erred in considering the documents in additional evidence without giving opportunity of rebuttal to the appellant/plaintiff ?

3. Whether the plaintiff having better title than that of the defendant, is

entitled for decree in his favour ?"

Also heard on I.A.No.7358/2018, which is an application under Order 39 Rule 1 and 2 CPC.

Issue notice of final hearing and I.A.No.7358/2018 to the respondents 1 and 2 on payment of process fee within seven working days, failing which, this appeal shall stand dismissed without further reference to the Court.

In the meantime, respondents 1 and 2 are restrained from creating third party interest until further orders. Signature Not Verified Signed by: ANUPRIYA SHARMA CHOUBEY Signing time: 6/19/2023 10:20:07 AM

If appeal survives, list for consideration of I.A.No.7358/2018 after service of notice on the aforesaid respondents.

(DWARKA DHISH BANSAL) JUDGE

anu

Signature Not Verified Signed by: ANUPRIYA SHARMA CHOUBEY Signing time: 6/19/2023 10:20:07 AM