The present civil second appeal has been preferred by the defendant-appellant against the judgment and decree dated 06.01.2022 passed by the learned Additional District Judge No. 2, Bhilwara in Civil Appeal No. 68/2013, whereby the Appellate Court affirmed the judgment and decree dated 13.09.2013 passed by

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[2023:RJ-JD:41228]

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[CSA-48/2022]

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(2 of 3)

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the learned Additional Civil Judge (Junior Division) No. 1, Bhilwara in Civil Original Suit No. 79/1992.

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Learned Counsel for the defendant-appellant submitted that the learned First Appellate Court has decided the appeal despite the fact that three applications viz., under Order 41 Rule 27 of the CPC dated 09.12.2014, under Order 6 Rule 17 of the CPC dated 22.07.2016 and under Order 6 Rule 17 of the CPC dated 03.08.2021 were pending consideration before learned First Appellate Court. It is submitted that the learned First Appellate Court ought to first decide the application and then to decide the appeal. Thus, in view of the above, the matter may be remanded back to the learned First Appellate Court with the direction to decide the aforesaid three applications and then to decide the appeal itself.

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Per contra, learned counsel appearing for the plaintiffsrespondents has opposed the prayer made by learned counsel for the appellant. However, he admits that at the time of deciding the appeal by the learned First Appellate Court, the three applications were pending consideration before the learned First Appellate Court.

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Heard, learned counsel for the parties and perused the material available on record.

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Having regard to the facts and circumstances of the case, this Court finds it appropriate to remand the matter back to the learned First Appellate Court.

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Accordingly, the present civil second appeal is disposed of with a direction to the learned First Appellate Court to decide the matter afresh. The learned First Appellate Court further directed to

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[2023:RJ-JD:41228]

[CSA-48/2022]

first decide the aforesaid three applications. Thereafter, the appeal itself be decided within a period of three months from the date when both the parties were present before the learned First Appellate Court.

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Both the parties are directed to appear before the learned First Appellate Court on 03.01.2024.

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All the interlocutory applications including the stay application stands disposed of accordingly.

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(MADAN GOPAL VYAS),J

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35-Dinesh/-

Shanti Lal v. Lrs of Ratan Lal

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Shanti Lal v. Lrs of Ratan Lal

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