The Civil Judge held the appeal not maintainable due to Section 106 CPC. The Court dismissed the appeal as withdrawn without substantive appellate disposal.
Appeal dismissed as withdrawn and appellant permitted to withdraw for filing before appropriate Court.
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.
S.B. CIVIL MISC. APPEAL NO.170/2013 (Virendra Arya & Anr. Vs. State of Raj. & Ors.)
Date of order :: 05.02.2013
HON'BLE MR. JUSTICE ARUN BHANSALI
Mr. S.S. Rathore, for the appellants.
This appeal under Order XLIII, Rule 1 (r) CPC has been preferred against the order dated 07.11.2012 passed by the Civil Judge (Junior Division), Banswara.
In view of the provisions of Section 106 CPC read with Section 21 of the Civil Courts Ordinance, 1950, this appeal is not maintainable before this Court. The appellant is permitted to withdraw the same for filing it before the appropriate Court.
Accordingly, the appeal is dismissed as withdrawn.
(ARUN BHANSALI), J.
A.K. Chouhan/
66
1 issue framed by the court
Whether an appeal under Order XLIII, Rule 1 of CPC against a civil judgment is maintainable before this Court.
Virendra Arya and Anr.
State of Rajasthan and Ors.
ARUN BHANSALI
A.K. CHOCHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
