Citation : 2024 Latest Caselaw 4410 MP
Judgement Date : 15 February, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
SA No. 1097 of 2023
(PRITHVIRAJ SINGH CHAUHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 15-02-2024
Smt. Sonal Mittal, learned counsel for the appellant.
Heard on the question of admission.
The appeal is admitted on the following substantial questions of law:-
1. Whether First Appellate Court was justified in reversing the findings
of facts based on conflicting evidence arrived at by the Trial Court, when the
findings were based on oral/documentary evidence recorded by the the Trial
Court who has authored the judgment and while reversing the finding of facts
whether the Appellate Court without touching the findings of the learned
Trial Court can reverse the judgment by imposing its own findings?
2. Whether the First Appellate Court was justified in reversing the well
considered judgment of the trial Court by assigning reasons which may be
held to be perverse due to improper appreciation of oral and documentary
evidence available on record ?
Issue notice to the respondents on payment of PF within four working
days by RAD as well as ordinary mode. Notice be made returnable within four
weeks.
Also heard on I.A. No.2240/2023 which is an application filed under Order XXXIX Rule 1 and 2 of CPC.
Till the next date of hearing, parties are directed to maintain status-quo. List the case after four weeks alongwith S.A. No.933/2023.
(ROOPESH CHANDRA VARSHNEY) JUDGE
rahul
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