Yuvrajsingh vs Lokendrasingh
2024 Latest Caselaw 4963 MP

Madhya Pradesh High Court

Yuvrajsingh vs Lokendrasingh on 20 February, 2024

Author: Hirdesh

Bench: Hirdesh

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       SA No. 1325 of 2022
                                               (YUVRAJSINGH Vs LOKENDRASINGH AND OTHERS)

                           Dated : 20-02-2024
                                 Shri Anil Kumar Jain, learned counsel for the appellant.


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

                                      "1. Whether first appellate Court failed to perform
                                      duty of a first appellate Court as per law laid down by
                                      Apex Court in the case of Madhukar and others Vs.
                                      Sangram and others reported in 2001 (4) SCC 576?
                                      2. Whether first appellate Court committed grave error
                                      in dismissing application under Order 6 Rule 17 of
                                      CPC in view of judgment passed by this Hon'ble Court
                                      in case of Shakinibai Vs. Suntan Khan reported in
                                      1974 MPLJ Note 86?
                                      3. Whether trial court as well as first appellate court
                                      failed to draw proper conclusions and appropriate
                                      inferences in view of oral and documentary evidences
                                      available on record?
                                      4.      Whether first appellate Court committed grave
                                      error in dismissing application under Order 41 Rule 27
                                      of CPC?"
                                 Issue notice to the respondents on payment of process fee within seven

working days, returnable within six weeks.

(HIRDESH) JUDGE

RJ