Partly allowed

Smt Nanchi Devi and Others v. Pappu Ram and Others

Rajasthan HC8 Apr 2015CMA/2075/2011

Case brief

AI extract

What is this about?

Appeal against a Tribunal judgment was partly allowed regarding a specific issue. The impugned judgment on that issue was quashed, and the matter remanded to the Tribunal for a fresh decision after notice to all concerned and opportunity of hearing.

What did the court decide?

Impugned judgment on specific issues quashed; matter remanded to Tribunal for fresh decision after notice and hearing.

Smt Nanchi Devi and Others Vs Pappu Ram and… — Civil Procedure and Limitation | Rajasthan HC (2015)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JAIPUR BENCH, JAIPUR.

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J U D G M E N T

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S.B. Civil Misc. Appeal No.2075/2011 (Smt. Nanchhi Devi & Ors. Versus Pappu Ram & Ors.) DATE OF JUDGMENT : 8.04.2015

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HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Sandeep Mathur, counsel for appellant(s)

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This appeal has been filed by the appellant(s) against the judgment passed by the learned Tribunal.

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At the very outset, learned counsel for the appellant(s) submits that the learned Tribunal while passing the impugned judgment has not taken into consideration the grounds which he has raised by way of aforesaid appeal(s). The finding of learned Tribunal on issue no. 1 & 2 is contrary to the material available on record. Thus, the impugned judgment passed by the learned Tribunal qua aforesaid issue(s) be quashed and set aside and the matter should be remanded to the learned Tribunal with the direction to decide the matter afresh qua aforesaid issue(s) in the light of grounds which he has raised by way of aforesaid appeal(s).

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I have heard learned counsel for the appellants and carefully perused the relevant material on record including the impugned judgment.

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In my considered view, the learned Tribunal while passing the impugned judgment has not appreciated the facts of the case and the grounds raised by the learned counsel for the appellant(s) by way of instant appeal(s) in a proper manner and passed the impugned judgment surreptitiously. Thus, the impugned judgment passed by the learned Tribunal needs interference

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by this court.

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In the result, the appeal(s) is/are partly allowed; the impugned judgment passed by learned Tribunal qua aforesaid issue(s) is quashed and set aside and the matter is remanded to the Tribunal with the direction to decide the matter afresh qua aforesaid issue(s) as early as possible , in the light of grounds raised by the learned counsel for the appellant(s) by way of the aforesaid appeal(s) and the judgment(s) to be cited by learned counsel for the parties, if any, after issuing notice to all the concerned parties and giving opportunity of hearing to them.

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The appellants are directed to appear before the learned Tribunal on 30.9.2015.

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(MAHESH CHANDRA SHARMA)J.

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All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed. Dilip Khandelwal PA

Smt Nanchi Devi and Others v. Pappu Ram and Others

Case brief

What is this about?

What did the court decide?

Smt Nanchi Devi and Others v. Pappu Ram and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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