LAWS(BOM)-2019-3-74

KEDAR RAJAK Vs. GURUDAS PARSHURAM NAKHWA

Decided On March 15, 2019
Kedar Rajak Appellant
V/S
Gurudas Parshuram Nakhwa Respondents

JUDGEMENT

(1.) Appellant-Original defendant seeks admission of this second appeal on the following substantial questions of law;

(2.) Whether the suit was barred by limitation; whether the plaintiff is guilty of negligence or latches, which by and large may not be questions of law of general importance, but then cannot also be considered to be pure questions of facts based on appreciation of evidence as held by the Hon'ble Apex Court in the case of B. K. Sri Harsha (D) By L.R. & Anr. Vs. M/s. Bharath Heavy Electricals Ltd. reported in, 2008 AIR(SC) 1267.

(3.) In this appeal the appellant essentially has raised the issue as to whether the plaintiff has satisfied the requirements of Section 16(c) of the Specific Relief Act, 1963.