KESHAVCHAND Vs. IMADAD AND OTHERS

JUDGEMENT

(1.) The appellant has filed this appeal under section 100 Civil Procedure Code against the judgment and decree dated 14-8-1981 passed by the Additional District Judge, Neemuch in Civil Appeal No. 25-A of 1977.

(2.) In the appeal memo the substantial questions of law which according to the appellant arose for determination, were proposed in para 7 of the memo of appeal. However, while admitting the appeal, this Court vide proceeding dated 8-4-1982, framed only two substantial questions of law.

(3.) When the learned counsel for the appellant Shri Sanghi started arguing the case, he wanted to raise one additional point of law to assail the judgment of the lower Court, whereupon Shri Waghmare learned counsel for the respondents raised an objection and submitted that the arguments can be addressed only on the substantial questions of law framed by the Court, while admitting the appeal. Shri Sanghi thereupon filed a written application under the proviso to section 100 C.P.C. submitting therein that he wanted to address the Court on the question of grant of eviction u/s 12(1) (f) of the M.P. Accommodation Control Act, upon which learned counsel for the respondents objected on the ground that there being no substantial question of law framed by the court, the learned counsel for the appellant cannot assail the learned lower Court's finding on the question of bona fide and genuine requirement of the plaintiff for his own business. Thereupon the counsel for the appellant relied upon the proviso to section 100 Civil Procedure Code and has, therefore, submitted an application for the formulation of the following substantial question of law, in addition to the questions already framed by the Court: