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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
MILIND RAMESH PHADKE
Hridesh Alias Jitu Nandvani – Appellant
Versus
Rajendra Kumar Agrawal – Respondent
| Table of Content |
|---|
| 1. overview of the case's background and claims. (Para 1 , 2 , 3) |
| 2. arguments on maintainability and prior rulings. (Para 4 , 5) |
| 3. application of per incuriam doctrine in law. (Para 7 , 8) |
| 4. court's observations on statutory interpretation. (Para 9 , 10 , 11) |
| 5. final ruling and directions of the court. (Para 12 , 13) |
ORDER :
1. The present petition under section 227 of Constitution of India has been filed by the petitioner against the order dated 10/11/2022 passed by 3rd Civil Judge, Junior Division, Gwalior in RCSA 249/2017, whereby, while hearing an application under Order XXIII Rule 1 of CPC for returning back of the counter suit preferred by the present petitioner /defendant filed under the provisions of M.P. Accommodation Control Act i.e. section 12 (1)(a) and 12(1) (f) it was rejected holding that since on earlier occasion while deciding the application under Order VII Rule 11 of CPC, this Court in Civil revision No. 504 of 2018 vide order dated 07/08/2019 has held the counter suit/claim to be maintainable under section 12(1) (f), therefore, the present application for withdrawal of the suit alleging the same in derogation of section 12 (4) of M.P. Accommodation
The court determined that earlier decisions regarding the maintainability of a counter claim must accurately consider all statutory provisions, asserting the ability to withdraw and refile counter cl....
The bona fide requirement for eviction under the M.P. Accommodation Control Act is a factual matter that courts should respect unless clear errors are demonstrated.
An application under Section 12(1) of the Rent Control Act is maintainable in an appeal against an order passed under Section 12(3), confirming tenant obligations for rent during eviction proceedings....
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