2001 INSC 0824
                                    SUPREME COURT OF INDIA

                                              Sheo Pujan Singh

                                                      Vs.
                                                  Pyare Lal

                                           C.A.No.8852 of 1997

                                  (R. P. Sethi and Shivaraj V. Patil JJ.)

                                                 16.10.2001

                                                   ORDER

The Text below is only a summarized version of the order pronounced

First Appellate Court dismissed suit filed by respondent on ground of applicability of Section
168-A of Act. Second Appellate Court held that First Appellate Court committed error in
applying Section 168-A when no such plea was raised in written statement, no issue formed
to that effect and no arguments raised by the defendant to that effect. Supreme Curt upheld
decision of Second Appellate Court that in absence of pleading or framing of issue or
argument first Appellate court should not have dismissed suit on ground of applicability of
Section 168-A.

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