Bhaiyalal Singh Gond S/O Chunua ... vs Jhuru Singh
2023 Latest Caselaw 14934 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        SA No. 776 of 2021
                            (BHAIYALAL SINGH GOND S/O CHUNUA SINGH GOND (DECEASED) THR. LRS. PANNE SINGH AND
                                                   OTHERS Vs JHURU SINGH AND OTHERS)

                          Dated : 11-09-2023
                                Shri Shafiqullah - Advocate for the appellants.

                                Shri Shesh Mani Mishra - Panel Lawyer for the respondent No.4/State.

Record has been received.

The learned Civil Judge, Class-I, Shahdol in Civil suit No.800029-A/2011 (Jhuru Singh and Others Vs. Bhaiyalal Singh Gond) passed by judgment and

decree dated 20.03.2018 dismissed the Civil Suit the but allowed the counter claim of the defendant partly. Learned First Appellate Court on an appeal filed by the appellants/defendants dismissed the appeal.

Heard on the question of admission.

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

"(i) Whether the learned trial Court as well as the appellate Court rightly dismissed the whole counter claim of the appellant/defendant due to non joinder of party and not passed

any decree against the person who are already party in the counter claim ?

(ii) Whether the learned appellate Court committed error and illegality by setting aside the decree which has been granted in favour of the appellant/defendant in an appeal preferred by the appellant and not by the respondent/plaintiff ?"

Issue notice of this appeal along with substantial question of law to the respondents on payment of PF within seven working days Signature Not Verified Signed by: VINOD SHARMA Signing time: 9/13/2023 6:09:29 PM

by RAD mode, failing which this appeal shall stand automatically dismissed without further reference to the Court.

Notice be made returnable within six weeks. In the meanwhile, the parties are directed to maintain status quo regarding the suit property till the next date of hearing.

List after six weeks.

(AVANINDRA KUMAR SINGH) JUDGE

Vin**

Signature Not Verified Signed by: VINOD SHARMA Signing time: 9/13/2023 6:09:29 PM