Suresh Chand vs Shiv Vishal Through LRs. & Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(MP) 487

DWARKADHISH BANSAL
Suresh Chand – Appellant
Versus
Shiv Vishal Through LRs. & Others – Respondent

Advocates:
Ravish Agrawal with Ms. Sanjana Sahni for appellant;
K.K. Gautam for LRs. of respondent No. 1.

JUDGMENT

1. This first appeal has been preferred by appellant/plaintiff challenging the order dated 12.7.2000 passed by 2nd Additional District Judge, Shahdol, in Civil Suit No.8-A/1989, whereby plaintiff’s suit has been dismissed for want of compliance of order dated 30.10.1999.

2. Short facts of the case are that the plaintiff Suresh Kumar instituted a suit for declaring the sale deed dated 24.7.1971 to be null and void and recovery of possession of the suit property as well as for declaring the subsequent sale deeds executed by defendant 1 in favour of defendants 12-18. On basis of consideration mentioned in the sale deed dated 24.7.1971 and on basis of twenty times of land revenue,the plaintiff valued the suit for the relief(s) claimed in the plaint and paid requisite court fee as described in paragraph 35 of the plaint.

3. Upon filing written statement by defendant(s), trial Court framed issues and proceeded furtherto record evidence of the parties, but during pendency of suit and incompliance of order dated 24.3.1998 passed by this Court in C.R. No.669/1998, trial Court proceeded to decide issue No.11 as preliminary issue and after hearing arguments of the parties, decided the

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