This appeal challenged the appellate court's order remanding a suit to the trial court. The High Court allowed the appeal, directing the trial court to decide the pending original suit within six months.
Judgment disposed of; order of the appellate court to remand set aside; direction to trial court to decide suit within six months.
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.
[2023:RJ-JD:30884]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 881/2012
Bajrang Lal
----Appellant
Versus
Babu Lal
----Respondent
| For Appellant(s) | : Mr. Arvind Samdariya |
|---|---|
| For Respondent(s) | : Mr. OP Mehta |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
20/09/2023
The present civil misc. appeal under Order 43 Rule 1 CPC has been preferred by the appellant against the order dated 13.03.2012 passed by the learned Additional District Judge, Sujangarh, District Churu (hereinafter referred to as the learned Appellate Court) whereby the appeal filed by the present respondent was allowed. The order of learned Civil Judge, Sujangarh, District Churu (hereinafter referred to as the learned Trial Court) dated 24.01.2007 was quashed and set aside and the matter was remanded to the learned Trial Court to decide the same in accordance with law. Aggrieved by the order dated 13.03.2012, the appellant has preferred the present appeal. 2. Learned counsel for the appellant submits that the order passed by the learned appellate Court is arbitrary and perverse. It is submitted that the learned appellate Court had no jurisdiction to remand the matter to the learned Trial Court. Thus, it is prayed that the order passed by the learned appellate Court may be
[2023:RJ-JD:30884]
[CMA-881/2012]
(2 of 2)
quashed and set aside and the order of learned Trial Court be restored.
(MADAN GOPAL VYAS),J
134-neha/-
1 issue framed by the court
Whether the order of the appellate court remanding the matter to the trial court should be quashed?
1 provisions across 1 enactments
Bajrang Lal
Babu Lal
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
