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1996 Supreme(MP) 326

S.C.PANDEY
UMRAO BAI – Appellant
Versus
SARDARILAL KHATRI – Respondent


Advocates Appeared:
R.P.TIWARI, S.K.JAIN

S. C. PANDEY, J.

( 1 ) THIS is an appeal filed by the plaintiffs/appellants under Section 100 of the Code of Civil Procedure against the judgment and decree dated 9-10-1993 passed by IX Additional Judge to the Court of District Judge, Jabalpur, in Civil Appeal No. 12-A/92, arising out of judgment and decree dated 16-1-1992, passed by I Civil Judge Class II, Jabalpur, in Civil Suit No. 75a/91.

( 2 ) THIS appeal was admitted for finals hearing by this Court on the following substantial question of law, vide order dated 9-5-1994;-"whether the appeal before the lower appellate Court was barred by limitation and whether the findings of the lower appellate Court is vitiated for not recording the reasons for reversing the finding of the trial Court. "

( 3 ) IT may be readily seen that in this substantial question of law is in two parts. The first part relates to limitation. The second part relates to merits of the case. The appeal can be disposed of on the question of limitation alone and, therefore, it is not necessary to decide the question on merits.

( 4 ) THE appellant succeeded in the trial Court and obtained a decree under Section 12 (1) (f) of M. P. Accommodation Control Act, 1961 (









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