Kishanlal vs Shahida
2023 Latest Caselaw 5062 Raj

Citation : 2023 Latest Caselaw 5062 Raj
Judgement Date : 23 May, 2023

Rajasthan High Court - Jodhpur

Kishanlal vs Shahida on 23 May, 2023

Bench: Rekha Borana

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 3/2023

Kishanlal S/o Kalulal, Aged About 67 Years, By Caste Tak, R/o Nahargarh, Tehsil Bhadesar, District Chittorgarh (Raj.)

----Appellant Versus

1. Shahida W/o Widow Of Ajim Khan, R/o Village Dhamniiya Ka Khera, Tehsil Bhadesar, District Chittorgarh.

2. Fajal Mohammad S/o Ajim Khan, R/o Village Dhamniiya Ka Khera, Tehsil Bhadesar, District Chittorgarh.

3. Sharif S/o Ajim Khan, R/o Village Dhamniiya Ka Khera, Tehsil Bhadesar, District Chittorgarh.

4. Dildar Mohammad S/o Eim Khan, R/o Dhamniya Ka Kheda Tehsil Bhadesar, District Chittorgarh.

5. Jahida Begam @ Guddi D/o Ajim Khan, R/o Dhamniyaka Khera, Tehsil Bhadesar, District Chittorgarh At Present Resident Of Kannoj, Tehsil Bhadesar, District Chittorgarh.

6. Ramlal S/o Hajarilal, By Caste Bheel, R/o Haripura, Tehsil Bhadesar, District Chittorgarh.

----Respondents

For Appellant(s) : Mr. Abhinav Jain

HON'BLE MS. JUSTICE REKHA BORANA

Order

23/05/2023

1. The following substantial questions of law arise in the

present appeal:

i. Whether the first appellate Court erred in deciding the

regular first appeal without giving any issuewise findings and

further without framing the question for determination in

terms of Order 41 Rule 31 of the Code of Civil Procedure?

(2 of 2) [CSA-3/2023]

ii. Whether the first appellate Court erred in reversing the

judgment and decree of the trial Court ignoring the fact that

defendant did not lead any evidence and there was no

material evidence available on record to reverse the findings

as reached by the trial Court?

2. Admit. Issue notice.

Notices be filed in two sets. On the same being filed, one set

be given 'dasti' to learned counsel for the appellants for service

through registered post acknowledgment due.