Madhya Pradesh High Court
Narendra Kumar Jain vs Devendra Kumar Jain on 22 January, 2016
SA-457-2003
(NARENDRA KUMAR JAIN Vs DEVENDRA KUMAR JAIN)
22-01-2016
Shri R.P.Agrawal, lerned senior counsel with Shri M. Lal, learned
counsel for the appellants.
Shri Durgesh Pandey, learned counselfor the respondent.
Heard learned counsel for the appellants on the question of admission.
The appeal is admitted for final hearing on the following substantial questions of law:-
â(1) Whether, the learned Courts below having found that the decree in Civil Suit No.17-A/83 was passed without service of summons of the suit and without hearing the appellants, were right in holding that the decree passed in Civil Suit No.17- A/83 was not vitiated by fraud ?
2. Whether, the conspiracy and collusion between the plaintiff in Civil Suit No.17-A/83 and the Process Server being inherent in the conduct of such Process Server, could be recorded as sufficient to hold that the judgment and decree passed in Civil Suit No.17-A/83 were vitiated by fraud ?
3. Whether, non-compliance of Rules 17, 18, 19 & 19-A of Order 5 of CPC coupled with the facts of making false endorsement on the summons as regards refusal to accept the service, can be held as sufficient to constitute conspiracy and collusion between the respondent and the Process Server ?â Learned counsel for the appellants is directed to serve a copy of the appeal memo along with substantial questions of law to the respondent's counsel.
List the appeal for final hearing in due course. Interim order passed on earlier occasion shall remain continue till final disposal of this appeal. In the meanwhile, respondent may file reply in the matter. Certified copy as per rules.
(MISS VANDANA KASREKAR) JUDGE