Chhote Lal vs Durga Mandir Samjiti Mandi And 2 Others
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Allahabad High Court

Chhote Lal vs Durga Mandir Samjiti Mandi And 2 Others on 17 May, 2024

Author: Saral Srivastava

Bench: Saral Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:89980
 
Court No. - 7
 

 
Case :- SECOND APPEAL No. - 742 of 2016
 

 
Appellant :- Chhote Lal
 
Respondent :- Durga Mandir Samjiti Mandi And 2 Others
 
Counsel for Appellant :- Kshitij Shailendra,Sumit Daga
 
Counsel for Respondent :- Bhanu Bhushan Jauhari,Ram Bahadur Singh
 

 
Hon'ble Saral Srivastava,J.
 

1. Heard learned counsel for the appellant and learned counsel for the respondents.

2. By means of present appeal, the appellant has assailed the order of first appellate court dated 27.04.2016 passed by Additional District Judge, Court No.7, Shahjahanpur in Civil Appeal No.72 of 2015.

3. It is urged by learned counsel for the appellant that on the date fixed before the first appellate court i.e. on 18.04.2016 neither the defendants/respondents, who was appellants before the first appellate court, was present nor their counsel was present and the first appellate court proceeded to decide the appeal on merits.

4. It is contended that the judgment and decree passed by the first appellate court is without jurisdiction in view of Order 41 Rule 17 (1) of C.P.C. as in the absence of learned counsel for the appellant the first appellate court could not have decided the appeal on merits.

5. Learned counsel for the respondents does not dispute the fact that the judgment and decree passed by the first appellate court is in violation of Order 41 Rule 17 (1) of C.P.C.

6. In view of the fair admission made by learned counsel for the respondents, the judgment and decree passed by first appellate court dated 27.04.2016 is set aside and the matter is remanded to the first appellate court to decide the Civil Appeal No.72 of 2015 afresh.

7. Since the Civil Appeal No.72 of 2015 is of the year 2015, therefore, the first appellate court is directed to decide the appeal expeditiously, preferably within a period of one year from the date of production of certified copy of this order without granting any unnecessary adjournment to either of the parties.

8. For the reasons given above, the appeal is allowed without any order as to costs.

Order Date :- 17.5.2024

R.S. Tiwari