Smt. Indra Devi vs Durga Prasad
2024 Latest Caselaw 6586 MP

Madhya Pradesh High Court

Smt. Indra Devi vs Durga Prasad on 4 March, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       SA No. 1060 of 2021
                                              (SMT. INDRA DEVI Vs DURGA PRASAD AND OTHERS)

                          Dated : 04-03-2024
                                 Shri M.P. Shukla - Advocate for the appellant.

                                 Shri Sunil Mishra - Advocate for the respondent No.1.

Shri Rajiv Pandey - Panel Lawyer for the respondent/ State.

At the outset, learned counsel for the appellant/ defendant submits that the suit was decreed and his appeal was rejected.

Record is received.

Heard on admission.

It is submitted that earlier between the parties C.S. No. 21-A/1969 was filed and compromise was made. Copy of plaint and judgment are Exhibits D/3 and D/4 but ignoring Section 11 C.P.C., the trial Court has given a decree in favour of the plaintiff. He further submits that besides resjudicata, the suit was also time barred. His further case is that during the pendency of second Civil Suit, Bhagwan Das, defendant No. 5 died but his legal representatives were not brought on record, therefore, again there was no case for allowing this second

Civil Suit.

Heard the arguments and case is reserved for orders on admission.

(AVANINDRA KUMAR SINGH) JUDGE

VSG