Madhya Pradesh High Court
Smt.Rajwai vs Uday Pratap Singh on 16 April, 2015
1 SA 469/06
16/4/15
Shri D.D.Bansal, Advocate for the appellant.
Shri Sarvesh Sharma, Advocate for respondent No.1.
Heard on the question of admission.
Vide order dated 24/8/2012, the present appeal was dismissed on the point of admission. Thereafter, review was moved before the Division Bench by challenging the legality of the said order dated 24/8/2012, which was taken up for consideration and by order dated 21/1/2014, the matter was remanded back to the court to consider the issue afresh in view of the judgment in the case of Sheodhyan Singh and others Vs. MST. Sanichara Kuer and others (AIR 1963 SC 1879).
Having regard to the arguments advanced by the counsel for the parties and after perusal of the entire evidence on record, in the opinion of this court, the appeal is arguable, hence, it is admitted for final hearing on the following substantial questions of law:-
"(i) Whether boundaries always prevail over the area and plot number ?
(ii) Whether identity of plot number can be detected on the basis of description of area under boundaries mentioned in the sale-deed and map (Ex.P/1) ?.
(iv) Whether even after wrong description of plot number under sale-deed, the suit of the appellant/plaintiff should have been decreed for the exact plot number on the basis of the possession over the plot area, having particular boundaries as described in the sale-deed (Ex.P/1). ?"2 SA 469/06
Since nobody appears on behalf of respondent No.1 even after service of notice, fresh notice of final hearing let be issued to him on payment of process-fee within seven working days by both the modes.
No notice need be issued to respondent No.1 as the counsel has already put appearance on his behalf.
Record of the case has already been received.
(B.D. Rathi) Judge (Bu)