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2015 Supreme(Chh) 201

SANJAY K.AGRAWAL
Manohar Shesh – Appellant
Versus
Shakuntala Devi – Respondent


Advocates Appeared:
For the Appellant :B.P. Sharma and Hari Agrawal, Advocate
For the Respondents:H.B. Agrawal, Sr. Advocate and Preeti Yadav, Advocate

JUDGMENT :

Sanjay K. Agrawal, J.

1. By this second appeal preferred under Section 100 of the Code of Civil Procedure, 1908 (for short 'CPC'), the appellants herein have challenged the legality and propriety of the judgment & decree passed by District Judge, Raipur in Civil Appeal No. 2-A/2007, reversing the judgment and decree passed by 8th Additional Civil Judge, Class-2, Raipur in Civil Suit No. 193-A/97. The substantial questions of law involved, formulated and to be answered in the second appeal preferred by appellants herein are as under:-

"(1) Whether the suit preferred by the plaintiffs was maintainable in its present form?

(2) Whether the First Appellate Court has properly considered the applicable legal principles while setting aside the judgment and decree passed by the trial Court?"

2. In order to answer the aforesaid substantial questions of law, the imperative facts required to be noticed are as under:-

"(For the sake of convenience, parties will be hereinafter referred to as per their status shown in the plaint)"

2.1. The following genealogical tree would demonstrate the







































































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