HIGH COURT OF MADHYA PRADESH
Sanjay Dwivedi, J
Manish Singh Malukani – Appellant
Versus
Hari Prasad Gupta – Respondent
| Table of Content |
|---|
| 1. final conclusion dismissing the petition. (Para 1 , 12) |
| 2. factual background of the case. (Para 2) |
| 3. petitioners argue for collateral use of the agreement. (Para 3 , 4) |
| 4. court's analysis of admissibility based on section 35. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
(ORDER)
By the instant petition filed under Article 227 of the Constitution of India, the petitioners/plaintiffs are questioning the validity of the order dated 25.01.2017 (Annexure-P/1) whereby the trial Court partly allowed the application preferred by the defendants filed under Section 151 of the Code of Civil Procedure .
2. Facts of the case in nutshell are that a civil suit was filed by the plaintiffs/petitioners for recovering the amount of Rs.37,50,000/- along with interest of Rs.13,50,000/-. The claim of the plaintiffs was based upon the fact that defendant No.1 (Rambhuwan Singh) who later on died, entered into an agreement with the plaintiffs and defendant No.2 (Hari Prasad Gupta) and pursuant thereto, an agreement to sale of the land described in paragraph-1 of the plaint got executed on 25.05.2011 on consideration of Rs.7,50,00,000/- and out of the said amount, Rs.50,00,000/- was received in advanc
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