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2011 Supreme(MP) 46

ALOK ARADHE
Jagdish Prasad – Appellant
Versus
Meera Devi – Respondent


JUDGMENT

Alok Aradhe, J.

1. This is an appeal by the Defendants. This Court vide order dated 22.11.2001 had formulated the following substantial questions of law:

(1) Are both the courts' below in the facts and circumstances of the case right in holding that the deed of relinquishment dated 15.1.1985 in favour of Jagdish Prasad A-l was valid or without consent of Smt. Meera Devi R-l?

(ii) Are the findings of the courts below perverse and arbitrary?

2. Thereafter, vide order dated 13.1.2011 following substantial questions of law were framed:

(a) Whether adverse inference can be drawn against the Plaintiff as the Plaintiff has failed to examine herself as witness?

(b) Whether the lower appellate Court has rejected the application under Order 41 Rule 27 of the Code of Civil Procedure without conforming to the requirements laid down in Clauses (a) to (b) of Order 41 Rule 27(1) of the Code of Civil Procedure?

3. Facts giving rise to filing of this appeal are that the Plaintiff purchased the suit lands vide registered sale-deed dated 09.10.1984 for a consideration of Rs. 25,000/- from the original Defendant No. 1- Jagdish Prasad, and was placed in possession. However, subsequently Late Jagdish P









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