Arvind Kumar Singhi vs Teju Mal Thr Lrs And Anr
2022 Latest Caselaw 4011 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Civil Second Appeal No. 526/2017

Arvind Kumar Singhi s/o Daulat Ram Singh
                                                                   ----Appellant
                                   Versus
Teju Mal through LRs And Anr.
                                                                ----Respondents

For Appellant(s) : Mr. Rahul Kamwar For Respondent(s) : Mr. Alok Chaturvedi with Mr. Shailendra Sharma

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

20/05/2022 This appeal has been filed by plaintiff-landlord, feeling

aggrieved by judgment and decree dated 20.05.2017 whereby

and whereunder the first Appellate Court has declared the

defendants-tenants as first defaulter, however, extended the

benefit of first defaulter and declined to pass decree for eviction

on the ground of defaulter. The trial Court dismissed the eviction

suit as a whole.

Heard counsel for both parties.

The second appeal is admitted for hearing on following

substantial question of law:-

(i) Whether in the fact and circumstances, learned Appellate Court committed an error of law. While not considering the document Exhibit-1 to Exhibit-13 which were marked Exhibit in evidence and oral evidence of PW-1 Arvind Kumar Singhi; after allowing the application under Order 41 Rule 27?

(2 of 2) [CSA-526/2017]

Counsel has put in appearance on behalf of respondents,

hence, service is complete.

Record of both Courts below have already been received.

List for hearing in due course.

(SUDESH BANSAL),J

NITIN /37

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