Palika Market Association vs Nagar Nigam Ajmer (Old Name Nagar ...
2022 Latest Caselaw 1589 Raj/2

                                            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                        BENCH AT JAIPUR

                                                 S.B. Civil Second Appeal No. 147/2021
                                   Palika Market Association and Ors.
                                                                                                     ----Appellants
                                                                      Versus
                                   Nagar Nigam Ajmer (Old Name Nagar Parishad Ajmer) and Anr.
                                                                                                   ----Respondents

For Appellant(s) : Mr. M.C. Jain, Advocate For Respondent(s) : Mr. Anil Mehta, (Sr. Adv.) AAG assisted by Ms. Archana, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA Order

17/02/2022

Heard learned counsel for the parties.

Having regard to the submissions made by the learned

counsel for the parties, the appeal is admitted on the following

substantial question of law:

"When vide order dated 10.8.2021 the first appellate court allowed two applications under Order 41 Rule 27 readwith Section 151 CPC and took the documents on record as additional evidence, but despite that when the same were not considered, whether the judgment passed by the first appellate court is legally sustainable?"

Since, respondent No.1 is duly represented by its

counsel, fresh notice need not be issued to it.

Issue notice to respondent No.2 only.

Record has already been received.

List this appeal for hearing on 23.03.2022.

(PRAKASH GUPTA),J

KuD/19

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