Arpit Singhai vs Santosh And Others

Appellant was plaintiff before the trial Court and he had filed a suit for declaration of title and permanent injunction through power of attorney holder namely Dr. Arun Singhai.

Learned trial Court vide its judgment and decree dated

12.2015 has partly allowed the civil suit. Decree of permanent injunction was granted in favour of plaintiff but suit for declaration of title was dismissed. Appellant-plaintiff preferred an appeal before Third Additional District Judge, Sagar, bearing No. 09-A/2016. Appellant-plaintiff has come in possession of land and title through his grandfather namely Premchand Singhai. Premchand Singhai died on 02.03.2009, thereafter, land was entered in the name of appellant-plaintiff.

Appeal filed by the appellant is admitted on following substantial questions of law : -

"1. Whether Courts below committed an error of law in not decreeing the suit of title by placing reliance on admission of DW-1 Santosh Vishwakarma?

Whether Courts below committed an error in not decreeing the suit in respect of Khasra No. 166/10 and 166/34, in respect of which there was no discrepancy?

Whether appellate Court committed an error in rejecting plaintiff's applications under Order 6 Rule 17 and under Order 41 Rule 27 of CPC?"

Let notice of admission of appeal be issued to the respondents alongwith copy of substantial questions of law on payment of PF by appellant after end of lockdown period due to COVID-19.

List the matter for final hearing in due course.