Himachal Pradesh Court August 2006 Judgments

Milap Chand Vs. Nirmal Raj and ors.

Court: Himachal Pradesh

Reported in: 2007(1)ShimLC98

V.K. Gupta, C.J.1. In this appeal notice of motion was issued on 15th July, 1996. After the service was effected on 11th September, 1996 the appeal was 'admitted', but without formulating any substantial question of law.2. Learned Counsel for the parties agree that while modifying the aforesaid order dated 11th September, 1996, I should today pass formal order of admitting the appeal in terms of Sub-sections (3) and (4) of Section 100 read with Order 41 Rule 11 as well as Order 42 Rule 2, CPC. The parties further submit that after formally admitting the appeal today by formulating the substantial questions of law, the appeal be heard for final disposal today itself.Based upon the aforesaid submissions and agreement of the learned Counsel for the parties, the appeal is admitted on the four substantial questions of law formulated and annexed with the memo of appeal.3. Heard final arguments of the parties. Mr. Bhupender Gupta, learned senior Counsel as well as Mr. O.P. Sharma, learned sen...