Mathuralal vs Kadwa
2024 Latest Caselaw 5521 MP

Madhya Pradesh High Court

Mathuralal vs Kadwa on 22 February, 2024

Author: Hirdesh

Bench: Hirdesh

                                                               1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                          SA No. 2551 of 2022
                                                   (MATHURALAL Vs KADWA AND OTHERS)

                          Dated : 22-02-2024
                                Shri Rohit Kumar Mangal, learned counsel for the appellant.

                                Ms. Mehul Shukla, learned PL for the respondent/State.

Heard on admission.

Record perused.

Appeal is admitted for final hearing on the following substantial questions of law:

(1) Whether the learned lower appellate court justified in decreeing the cross suit of the defendant and dismissing the plaint filed by the plaintiff without appreciating the fact and material available on record?

(2) Whether the learned lower appellate court justified in decreeing the cross suit filed by the defendant whereas he has not included all property as he stated in para 7 of written statement?

(3) Whether the learned appellate court has committed an error by passing the impugned judgment and decree while

entertaining a singular appeal contrary to Order 8 Rule 6A(6) of CPC against allowing the suit and dismissing the counter claim?

On payment of P.F within 7 days, issue notice to the respondents along with substantial questions of law by RAD mode, returnable within eight weeks.

List after eight weeks.

IR, if any, to continue till the next date of hearing.

(HIRDESH) JUDGE hk/