Madhya Pradesh High Court
Hukumchand vs Rajaram on 15 April, 2015
SA-1184-2008
(HUKUMCHAND Vs RAJARAM)
15-04-2015
Mr.R.B.Patel, learned counsel for the appellant.
Heard on the question of admission.
The appeal is admitted on the following substantial question of law:-
"(i) Whether the suit filed by the plaintiff is barred by limitation?"
(ii) Whether the suit seeking the relief of declaration simplicitor is maintainable
without seeking the relief of cancellation or rectification of the registered sale
deed in view of proviso to Section 34 of the Specific Relief Act, 1963?"
On payment of process fee by registered post with acknowledgement due within a week, issue
notice of this appeal alongwith aforesaid substantial questions of law to the respondents.
Heard on I.A.No.12246/2008, an application for permission to place documents on record Learned counsel for the appellant seeks leave of this Court to withdraw aforesaid interlocutory application.
Accordingly, I.A. is dismissed as withdrawn.
Interim order passed on earlier occasion shall continue till next date of hearing.
C.C. as per rules.
(ALOK ARADHE) JUDGE