HAJARU RAM Vs. PHAGU RAM

JUDGEMENT

(1.) The substantial question of law formulated on 15-6-2012 and to be answered is as under:

(2.) The trial Court, on appreciation of the pleadings of the parties, framed 6 issues and answered them as follows:

(3.) On an appeal being filed by the plaintiffs under Section 96 of the CPC, the first appellate Court, by judgment and decree dated 7-7-2001 in Civil Appeal No. 24-A/1995, allowed the appeal and set aside the judgment and decree passed by the trial Court holding that the auction made is in violation of Section 41-A(5) of the Madhya Pradesh/Chhattisgarh Cooperative Societies Act, 1960 (henceforth 'the Act of 1960') and thereby the counter-claim of defendants No. 1 and 2/auction-purchasers stands dismissed.