SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2018 Supreme(MP) 86

VIVEK AGARWAL
Ramkumar Singhai – Appellant
Versus
Komal Prasad – Respondent


Advocates:
Bhagwan Raj Pandey for petitioner;
Abhishek Singh Bhadoriya for respondent No.1.

ORDER

1. This petition under Article 227 of the Constitution of India has been filed being aggrieved by the order dated 26.4.2017, whereby an application under Order 14 rule 2 of CPC filed by the petitioner to decide the issue of jurisdiction as a preliminary issue has been rejected.

2. It is petitioner's contention that this preliminary issue should have been decided first and then only the Court should have proceeded with the suit. It is also submitted that the Court has not assigned any reason for rejecting the application and the order passed by the trial Court is cryptic.

3. Learned counsel for the petitioner has placed reliance on the judgment of this Court in the case of Ramesh Kumar Jain v. Pradeep Kumar Jain and another, as reported in 2014(1) MPWN 123, wherein in para 9, it has been held that when specific points were raised in regard to framing of new issues, then Court below was required to apply its mind on every paragraph of this application. He has also placed reliance on the judgment of the Hon'ble Supreme Court in the case of Kranti Associates Pvt. Ltd. and another v. Masood Ahmed Khan and others, as reported in (2010)9 SCC 496. Placing reliance on para 47 of the s









Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top