REGENT COMPUTRONICS PVT. LTD.

Sunderlal Hazarilal Appellant

V/S

HAR PRASAD Respondents

Referred Judgements :-

RAM KATAN SAHU V. MOHANT SAHU [REFERRED TO]
SAVITRIDEVI V. RAMSARUP [REFERRED TO]
MALIK,J.,IN JAMUNABAI V. PADMAWATI [REFERRED TO]
C.P. SEN,J.,IN BHAILAL V. DEOMANI [REFERRED TO]
BHOJRAJ SAJWANT V. THE BINOD MILLS COMPANY LTD.,UJJAIN [REFERRED TO]
C.P. SEN,J.,RAMDULARI V. KANCHAN [REFERRED TO]
BAJPAI J.,IN BHAILAL V. PITTOBAI [REFERRED TO]
BHACHAWAT J. IN MST. SARITABAI V. LAXMICHAND [REFERRED TO]
LACHMESWAR PRASAD V. KESHWARLAL [REFERRED TO]
RAICHARAN MANDAL V. BISWONATH MANDAL [REFERRED TO]
SURINDER KUMAR VS. GIAN CHAND [REFERRED TO]
MOHANLAL CHUNILAL KOTHARI VS. TRIBHOVAN HARIBHAI TAMBOLIIN [REFERRED TO]
NAIR SERVICE SOCIETY LIMITED VS. K C ALEXANDER [REFERRED TO]
LAXMI AND COMPANY VS. ANANT R DESHP NDE [REFERRED TO]
QUDRAT ULLAH VS. MUNICIPAL BOARD BAREILLY [REFERRED TO]
PASUPULETI VENKATESWARLU VS. MOTOR AND GENERAL TRADERS [REFERRED TO]
MANNOOLAL DESHMUKH VS. N L SHRIVASTAVA [REFERRED TO]
RAMDAS CHIMANLAL PANCH RATNA VS. KUSUMBAI RADHESHYAM [REFERRED TO]
Ratanlal Gulzarilal Vaishya VS. Damodardas Giridharilal Vaishya [REFERRED TO]

JUDGEMENT

(1.) THE following question has been referred to us for opinion:

(2.) A Single Bench constituted by one of us (Mishra J ) which referred the above question, was confronted with two conflicting decisions of this Court on the aforesaid point. In Vishambharnath v. Mst. Ramdevi Civil Second Appeal No. 209 of 1970 (Gwalior) decided on 22 -12 -1976, view taken is to the effect that events happening after passing of a decree in favour of the landlord, even if true, cannot be taken cognizance of by an appellate Court. Reliance has been placed on Rameshwar and other v. Jotram and others : AIR 1976 S C 49. On the other hand, a contrary view has been taken in Ramlal v. Vinod Cotton Mills Ltd. Civil Second Appeal No. 175 of 1978. (Indore) to the effect that events happening after passing of the decree can be taken cognizance of during the pendency of the suit even at second appellate stage, on the basis of cases reported in Pasupuleti Venkateshwarlu v. Motor and General Traders and Bhaiyalal v. Chhotalal Tiwari : AIR 1975 S C 1409 : 1971 M P L J 104.

(3.) IN the case of Venkatesharlu (supra) the principles regarding powers of the Courts to take notice of events happening after institution of suits have been laid down in para 4 thereof, which is extracted below:

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SUNDERLAL HAZARILAL Vs. HAR PRASAD

Referred Judgements :-

JUDGEMENT

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