The Court issued notice on substantial questions of law regarding the destruction of trial court record and the First Appellate Court's failure to re-appreciate evidence or remand the matter. Interim relief was granted pending hearing.
Interim relief granted until next date of hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
16-SA-768-2024.doc
MJ Jadhav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 768 OF 2024
WITH
INTERIM APPLICATION NO. 15266 OF 2024
IN
SECOND APPEAL NO. 768 OF 2024
Digitally signed byMANGALTAI MANGALTAI JAYWANT JAYWANT JADHAV JADHAV Date: 2024.12.07 07:55:05 +0200
Shivapurta Bhimanna Tolnure Since …Appellant/Applicant Deceased Through His Lrs.
Vs.
Nagar Parishad Akkalkot Thr. Chief … Respondents Executive Officer
Mr. Sumedh Modak for the Appellant/Applicant.
CORAM : GAURI GODSE, J.
DATED : 6th DECEMBER 2024
ORDER:
(a) The substantial question of law that arises for consideration for this Hon’ble High Court is as to whether, the
Ld. First Appellate Court erred in rendering the impugned judgment and decree without properly re-appreciating the
Page no. 1 of 3
16-SA-768-2024.doc
evidence and as is required under Section 96 of the CPC, 1908 when the paperbook before the Ld. First Appellate Court did not contain the affidavit in lieu of examination in chief filed by the original plaintiff under Order XVIII Rule 4 of CPC, 1908, his cross examination and exhibited documents, which had been incorrectly destroyed by resorting to paragraph 544 of the Civil Manual despite the appeal being pending on the file?
(b) The substantial question of law that arises for consideration for this Hon’ble High Court is as to whether, the Ld. First Appellate Court erred in not remanding the matter back to the Ld. Trial Court under Order XLI Rule 23-A of CPC, 1908 on account of absence of evidence on record due to incorrect destruction of trial Court record which was contrary to paragraph 544(2) of the Civil Manual, when the Appellants had moved application at Exhibit 21 for remand of the appeal specifically on the above ground?
Page no. 2 of 3
16-SA-768-2024.doc
INTERIM APPLICATION NO. 15266 OF 2024
clause (b).
(GAURI GODSE, J.)
Page no. 3 of 3
2 issues framed by the court
Whether the First Appellate Court erred in not re-appreciating evidence due to destruction of trial record.
Whether the First Appellate Court erred in not remanding the matter due to absence of evidence on record.
3 provisions across 1 enactments
Shivapurta Bhimanna Tolnure
Nagar Parishad Akkalkot
GAURI GODSE
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
