NATHMAL JAIN Vs. PRADEEP KUMAR

JUDGEMENT

(1.) This appeal at the instance of defendant under section 100 CPC is directed against the judgment and decree dated 13/11/2014 & 05/12/2014 passed in civil appeal No.10A/2014 by II Additional District Judge, Sironj District Vidisha arising out of the judgment and decree dated 31/10/2013 passed in civil suit No.19A/2012 by Civil Judge, Class -I Sironj, District Vidisha by which the appeal has been dismissed on the ground of limitation. At the same time, the cross -objection filed by the plaintiffs'/respondents' has been allowed.

(2.) Following substantial questions of law as proposed by counsel for the appellants are addressed:

(3.) Facts necessary for disposal of this appeal are to the effect: Suit for eviction on the grounds available under section 12(1)(a), (c), (d) & (f) of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as the 'Act of 1961) was filed by the plaintiffs'/respondents'. Trial Court dismissed the suit as against the grounds for eviction under sections 12(1)(a), (d) and (f) and decreed the suit under section 12(1)(c) of the Act of 1961. Being aggrieved thereby, the defendant/appellant filed first appeal. The appeal was barred by 41 days'. The plaintiffs'/respondents' have filed cross -objection under Order XLI Rule 22 CPC seeking decree of eviction on the grounds of section 12(1)(a), (d) and (f) of the Act of 1961. The first appellate Court has dismissed the appeal on the ground of delay having held that the explanation offered for delay of 41 days' was found to be not satisfactorily explained. However, at the same time, the appellate Court allowed the cross -objection and decreed the suit of the plaintiffs'/respondents' under section 12(1)(a), (f) and (d) of the Act of 1961 as well without notice to the defendant/appellant.